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Richard Winblad

Richard Winblad

Winblad Law PLLC
  • Elder Law, Estate Planning, Probate...
  • Oklahoma
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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
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
181 Questions Answered

Q. How do I sale my parents house if my sibling does not want to do it
A: If you sibling does not want to sell and you own an interest in the home you can ask the court to partition the property. Which, in your case, would probably result in its sale. However, this is costly and requires an attorney's assistance. If the probate case is still open you can probably request a partition.
Q. What rights do beneficiaries have to see a trust they are named in. Can they get a copy of the trust and certification?
A: Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.
Q. I am on Medicare/Medicaid. I live in a home that I own 50/50 with my gentleman friend. I have inherited $50,000. from
A: You should visit with an elder law attorney in Florida. The transaction you are contemplating sounds reasonable if you are receiving equal value in return. You might also consider other items such as a vehicle, prepaid funeral, repairs, etc. Again, it is worth a visit with a Florida attorney to confirm this.
Q. My father passed away while being separated for over 4 yrs living in separate states. She kicked him out.
A: Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will: d. if there are surviving issue (children), one or more of whom are not also issue of the surviving spouse: (1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and (2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation; If this applies, each of your father's children and his wife would be entitled to a share of the property he inherited.
Q. How does an advanced healthcare directive work in the context of estate planning?
A: It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.
Q. Do estranged family members have to be notified when my father passes away? He demands they know nothing about his death
A: If a probate is filed your state will likely require that they be notified as an heir even if the Will disinherited them. Check with a Colorado attorney.
Q. Is it illegal for a felon to be in possession of a police scanner radio in the state of Oklahoma?
A: It appears not to be a question about who owns it but how it is used. See: 21 O.S. § 1214 It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
Q. Do I have legal right to obtain a portion of deceased parents belongings/ or debts without a will
A: Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.
Q. Can someone speak/represent someone with the defendant present, for a small claims civil matter?
A: This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal. Attorney General Opinion 03-026 reads concludes as as follows: It is, therefore, the official Opinion of the Attorney General that: An individual holding a Power of Attorney or Durable Power of Attorney may be authorized by his or her principal under 15 Ohio St. 2001, § 1005[15-1005] [sic] or 58 O.S. 2001, § 1072.1, respectively, to appear as a substitute for the principal in small claims court and personally prosecute or defend the principal's case, and if he or she chooses, without the assistance of legal counsel. However, a person may not use a Power of Attorney or Durable Power of Attorney to substitute for a lawyer licensed by the Supreme Court of Oklahoma, when the services of an active member of the Oklahoma Bar Association are required. 5 Ohio St. 2001, ch. 1, app. 1, art. II, § 7. See: https://www.courtlistener.com/opinion/4030756/opinion-no-2003/ Use with caution as a Judge may not recognize the attorney general's opinion. Have the party present.
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Contact & Map
Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
USA
Telephone: (405) 340-6554