Free Consultation: (405) 340-6554Tap to Call This Lawyer
PREMIUM
Richard Winblad

Richard Winblad

Winblad Law PLLC
  • Elder Law, Estate Planning, Probate...
  • Oklahoma
Rate This Lawyer
Badges
Claimed Lawyer ProfileQ&ALII GoldBlawgsearchSocial Media
Summary

My practice focuses on Elder Law (Medicaid & VA Aid & Attendance), Estate Planning (Wills, Trusts, Powers of Attorney, Aircraft Trusts), Probate (Estates, Ancillary, Small & Summary Administration). Naturally, my practice also includes real property and mineral interests.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
  • Real Estate Law
Fees
  • Free Consultation
    I am happy to visit with you to determine if my skills and experience meet your needs and goals.
  • Credit Cards Accepted
    Visa, Mastercard, American Express, Discover
  • Contingent Fees
  • Rates, Retainers and Additional Information
    I handle many matters on a flat fee basis, so you know the cost from the beginning.
Jurisdictions Admitted to Practice
Oklahoma
10th Circuit
Languages
  • German: Spoken
Professional Experience
Founder, Attorney
Winblad Law PLLC
- Current
Established to provide high quality legal services in the areas of Civil Litigation, Estate Planning, Wills, Trusts, Probate.
Attorney
Stephen Bruce and Associates
-
Education
University of Oklahoma College of Law
J.D. (1992)
-
Honors: Amjur Real Property
Oklahoma State University - Stillwater
B.S. (1984) | Business Adminstration
-
Awards
AV-Preeminent
Mattindale Hubble
Peer Review for Highest of Legal Excellence
Professional Associations
National Care Providers Council
- Current
Lawyers with Purpose
- Current
Activities: Medicaid and Veterans Benefits Training
Oklahoma City Commercial Attorneys Association
President
- Current
Activities: Presented CLE topics on issues from Estate Planning to Bankruptcy Issues.
Oklahoma Bar Association
- Current
Publications
Speaking Engagements
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Certifications
Accredited Attorney
Department of Vetrans Affairs
Websites & Blogs
Website
Visit My Website
Website
Aircraft Trusts and Ownership, Forgotten Piece of the Estate Plan
Blog
Winblad Law PLLC Edmond Oklahoma
Legal Answers
102 Questions Answered

Q. How many years after my mom is deceased can you put the property in my name with out going through probate?
A: Your question is interesting. Without more information it would be difficult to answer. You, by yourself, cannot simply put the property into your own name. If the property was solely in your mother's name, then we would look to the Will or Trust to determine who has rights to it. If she had no Will or Trust then we would look to intestacy statutes. If she died intestate (without a Will) we would need to determine who were her heirs at the time of her death. This could be a spouse, children, parents, etc. If you were not the only heir you would not be entitled to the home and would have to share it with others. It sounds as though you would be entitled to a summary (simplified) probate procedure. However, if you have occupied the property and excluded others for 15 years, you may be able to claim adverse possession and file a quiet title. If successful the court would put the property in your name. So, if you were the only heir at her death, you may want to move forward with a probate. You should contact an attorney. You might want to check out: http://winbladlaw.com/inherited-headaches-small-estates-delayed-probates-and-out-of-state-decedents/
Q. In the state of Oklahoma, how many cars can I sell as a private seller before I need to have a business license?
A: This might help: Oklahoma Statutes Title 47. Motor Vehicles Chapter 62A - Used Motor Vehicle and Parts Dealers Section 581 - Definitions 19. a. "Used motor vehicle dealer" means any person who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents with option to purchase, or offers or attempts to negotiate a sale or exchange of an interest in used motor vehicles, or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by the person. ------------------- There are some exclusions found in the statute. But this probably fits into the category "if you asked you probably are". ______________ Section 583 - License Required - Application - Fees - Specifications and Display - Bond - Liability A. 1. It shall be unlawful and constitute a misdemeanor for any person to engage in business as, or serve in the capacity of, or act as a used motor vehicle dealer, used motor vehicle salesperson, wholesale used motor vehicle dealer, manufactured home dealer, restricted manufactured home park dealer, manufactured home salesperson, manufactured home installer, or manufactured home manufacturer selling directly to a licensed manufactured home dealer in this state without first obtaining a license or following other requirements therefor as provided in this section. ______________ This does not specify a certain quanity. You might look to the regulations http://www.oar.state.ok.us/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_
Q. What kind of permission do I need from the author of a will and testament in order to view it? The author is alive.
A: There is no specific permission or forms to complete. Verbal permission is sufficient. Perhaps one way is to have her tell the attorney that drafted it to show it to you. Keep in mind that a Will does not convey any interest while she is alive and has no control over assets that pass pursuant to contract (bank payable on death accounts, some types of real estate interests, life insurance, etc.) If she is competent, she may want to do some additional planning that avoids probate. Aside from the Will it is important that powers of attorney and an advanced healthcare directive is in place.
Q. Oklahoma trust question; my stepmother created revocable trust in 2006 - she passed in February, 2017 ....
A: You should visit with an attorney who does trust litigation. It is likely that you are entitled to see all of the documents. If you know who prepared the trust, you might ask the attorney for a copy. "You never really know someone until you share an inheritance with them." Mark Twain
Q. Can my husband take his name off the deed of our house, so it is only in my name?
A: Yes there are ways to make the property appear only in one spouse's name. There are good reasons for doing this or bad ones. It sounds like you are attempting to accomplish some form of asset protection. You should have an attorney advise you.
Q. My mother in law bullied me into becoming her personal representative in 2007. She had 6 grown children but selected me
A: Sorry for your troubles. Will or no Will the answer is the same. You are under no legal obligation to file a probate even if your mother named you in her Will. Any of the heirs can file the probate and seek appointment of themselves as personal representative. If it is important enough (enough money) they will do it. Please don't have your siblings call me.
Q. Is there any liability for heirs in Oklahoma for foreclosed home after death of parents?
A: Sorry for your loss. You are not responsible for your parent's debts unless you cosigned. If there is a probate and there are assets, the creditors can only share in the proceeds from those assets. If there was a foreclosure in Oklahoma, in order for the creditor to have any claim they would have to seek and recover a deficiency judgment. If they didn't then you probably don't need to worry about any claims from that creditor.
Q. In Oklahoma, if a person who died had a will and assets were specifically willed to individuals is probate necessary?
A: Great question. The answer is yes. A Will is not effective to transfer a home or bank accounts until it is admitted into probate. Probate is a process by which title to property is transferred to a heirs or persons named in a Will. Often this can be done in a summary probate procedure if certain factors are met. A summary probate is often quicker and less expensive than a standard probate. Answer 3 simple questions to see if a simple probate is possible. https://form.jotform.com/Rwinblad/summary-probate
Q. Both my parents passed in 2016 without wills. I'm an only child. How do I get their small estate transferred to my name?
A: Sorry for your losses. This is can be a fairly simple process. You did not state whether the property was real estate, bank accounts or otherwise. Depending on several factors, your parents' estates may be eligible for a summary probate procedure. See http://winbladlaw.com/inherited-headaches-small-estates-delayed-probates-and-out-of-state-decedents/ This can quickly resolve title issues which places the property in your name. Assuming that your are talking about real estate, the first step would be to see how the property was actually titled. Online deed searches are available in most Oklahoma counties. An attorney should be able to make sense of the title fairly quickly.
Click here to see all answers
Annotations
Social Media
Contact & Map
Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
USA
Telephone: (405) 340-6554