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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
- 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
Articles & 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
- Protected: Oklahoma Division Order Calculation
31 January 2020 - Protected: Excel Test
30 January 2020 - How to Probate Oil and Gas Mineral Interests in Oklahoma?
29 October 2019
Videos
Beginning Your Estate PlanCreating an Estate Plan should be a simple process for the client. This short video explains the basic considerations into building a plan. After that the Wills, Trusts and Powers of Attorney are developed.
Is your Estate Plan Airworthy?Never take off when you don't have a landing plan. Consider an Aircraft Trust. Too often aircraft owners neglect to consider their aircraft when making an estate plan. Unless...
What is a Special Needs Trust?Those suffering from disabilities are often eligible to received benefits that pay for medical care or provide them with income. However, those benefits can be lost if an inheritance is received. This video describes how special needs trusts differ from ordinary trusts. www.winbladlaw.com
Advanced Healthcare DirectivesOklahoma Advanced Healthcare Directive, Living Will
Legal Answers
283 Questions Answered
- Q. Inherited land and minerals in OK . Got a division order to sign. Would a new lease or agreement have to be signed?
- A: Probably not. You are likely bound by your predecessor’s lease (or pooling order) for the well in question. Also. You are entitled to royalties in Oklahoma even if a division order is not signed by you. Some companies try to get concessions with orders. But make sure they have your tax information in a W-9.
- Q. Can a rustler be legally shot by the cattle owner if caught in the act of stealing the livestock?
- A: Hell no.
- Q. Where can I find the forms needed to file for Oklahoma probate?
- A: Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.
- Q. Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.
- A: Aside from a physical search you might try: https://eapps.naic.org/life-policy-locator/#/welcome
- Q. Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states
- A: Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.
- Q. Is there a outline of a quiet Title that I may use as a guide to submit one for myself
- A: I am not aware of any online source for a quiet title.
- Q. My Mother died and left her condo to her 6 children. Several children have died. How do we sell the Condo?
- A: Doak is correct. The property would pass through intestacy rules. It would require some more detail to determine who receives which portion. In this situation it may be better to have the property sold during probate. For those heirs who cannot be located, their share of the proceeds can be paid into the court.
- Q. I resigned from my job, the same day my employer called my landlord???
- A: Very annoying but you probably don't have a viable claim. Restatement (Second) of Torts, § 766: One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract. Oklahoma has adopted this statement of the tort. Wilspec, 2009 OK 12, ¶ 7, 204 P.3d at 71-72. Presently, Oklahoma recognizes a tortious interference claim with a contractual or business relationship if the plaintiff can prove (1) the interference was with an existing contractual or business right; (2) such interference was malicious and wrongful; (3) the interference was neither justified, privileged nor excusable; and (4) the interference proximately caused damage. Additionally, the claim is viable only if the interferor is not a party to the contract or business relationship. Keep this in mind if the former employer continues to harass you. Also, you may want to monitor any social media that mentions you.
- Q. Brother trying to probate estate my mom left me
- A: If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property. If your mother used a transfer on death deed, then you must file a similar document within 9 months of your mother's death. Again, this takes it outside of probate. But this must be done timely. You should have an attorney review the deed and advise accordingly.
Annotations
- IN THE MATTER OF THE ESTATE OF BOYD
- Oklahoma Court of Civil Appeals
- Bebout v. Ewell
- Oklahoma Supreme Court
- Ajemian v. Yahoo!, Inc.
- Massachusetts Supreme Judicial Court
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