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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
  • 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
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. / Business Adminstration (1984)
-
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
51 Questions Answered

Q. My brother was the trustee of our trust and dissolved it in 2013. But now us beneficiaries got a summons on the house
A: You have a two part question: 1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property. 2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a "tax sale". If either of the above occur and they property is sold for more than the obligations, then you may entitled to share the excess proceeds. You may be able to sue your brother for an accounting. This can be expensive but worthwhile if the estate was substantial.
Q. Can i being a Arkansas resident, buy a house in Oklahoma? if so any major drawbacks.
A: Yes you can purchase a home, real property or mineral interests. There shouldn't be any "legal" drawbacks to that form of ownership.
Q. selling my moms house AS IS, buyers contract say they have 10 days after closing to backout, is this normal in okla
A: This does sound strange. Closing is when title is transferred and you are paid. Inspections should occur prior thereto. A buyer is usually allowed to back-out of closing if the property requires a certain dollar amount of repairs. I'd be very careful and have it reviewed by an attorney prior to signing. The last thing you want to do is give them title then wait on the payment.
Q. How long does a PR in Oklahoma have after final hearing for distribution and discharge is granted to distribute money?
A: Based upon your question and the details provided therein, there should be no need for a delay assuming that the personal representative has possession of the property and cash. If there is an unexplained delay, you should ask the PR or the attorney representing the estate. If you do not get satisfactory responses you may need to compel the PR to distribute.
Q. My father passed away in 2014. He had no estate to require probate. If something else comes along is probate required?
A: Sorry for your loss. This is a difficult situation. Probate actions are expensive. Depending upon the amount of the check you may be able to use a small estate affidavit. This may be used when there are not debts or taxes due and the the value of the property is $50,000 or less. This is commonly used for bank accounts or insurance proceeds. The statute is 58 O.S. Sections 393, it says: A. At any time ten (10) or more days after the date of death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent shall make payment of the indebtedness or shall deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand to a person claiming to be the successor of the decedent upon being presented an affidavit ... The other option is to wait until the funds are paid into the unclaimed property division of the Oklahoma Treasurer, however this could take years. Oddly, an affidavit is only good for property of $10,000 or less. You might want to contact the attorney and ask if such an affidavit would be acceptable. If so, this would cost a few hundred dollars instead of several thousand,
Q. A 3 PARTY JOINT TENANT WITH SURVIVOR DEED WITH MINERALS. WHEN PARTY "A" QCD TO PARTY "B" , HOW MUCH DOES PARTY "C" OWN ?
A: For your answer I am going to assume that the deed to the three people did not give one a greater share than any other. In that case, C would own 1/3 under the facts presented. If A died instead of deeding the property to B, then B & C would own 1/2 each if it was a Joint Tenancy with right of Survivorship. The question is whether B & C still own the property as JTRS. That would require review of the deed and some research. At any rate there are many options available to them. Partition (dividing the property or its value), creating a trust or some other option.
Q. I bought a house as a single woman and now want to put the deed in both our names as H&W JTs. Will a Warranty Deed work
A: Yes, but in most cases a simple Quit Claim Deed is appropriate. However, there may be good reasons not to add a loving spouse to property you own. His financial or tax issues may become liens on your property. You should consult an attorney before taking such a step.
Q. What forms do I need to fill out to add my wife to my house deed in Oklahoma?
A: There are several options to adding an individual on your property. But we should start with the question of "Why is it important and what are you attempting to accomplish?" If you just want to make sure that she inherits it, this can be done with a Will, a Trust or a Transfer on Death Deed. Each have their pros and cons. A benefit of this approach is she will not be an owner of the property until you pass. This may be a good option if she has debt issues, tax liens, or is a divorce risk. This can also impact Medicaid benefits. If you do none of these, your wife may be able to claim a spousal homestead and continue to live there after you you pass away. Other options are to quit claim deed that adds her to the title. Doing so will give her an ownership interest and the potential for liens, etc. You should visit with an attorney who can appropriately guide you in the right direction.
Q. My grandmother passed away last December in miami Oklahoma. She
A: Sorry for your loss. The first thing to do with the real property is to determine who actually owned it. Check with one of the many fine attorneys in Miami. For a small consultation fee they should be able to direct you.
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Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
USA
Telephone: (405) 340-6554