Challenging a will is a complex legal process that involves disputing the validity of a deceased person’s last testament. In Oklahoma, this is a procedure that requires a thorough understanding of the grounds on which a will can be contested and the legal steps involved. While many people believe that a will is a final declaration of a person’s intentions, there are several circumstances under which the validity of a will can be questioned. Knowing these grounds and the legal processes involved is crucial for anyone considering challenging a will.
Grounds for Contesting a Will in Oklahoma
There are specific legal grounds upon which a will can be contested in Oklahoma. These include issues such as lack of testamentary capacity, undue influence, fraud, and improper execution. Each ground presents its own set of challenges and requires a careful examination of the circumstances surrounding the creation of the will. It is important to have a clear understanding of these grounds before proceeding with any legal action to ensure that the challenge has merit.
Lack of testamentary capacity is one of the most common reasons for contesting a will. In Oklahoma, a person must have the mental capacity to understand the nature of making a will, the extent of their property, and the identity of the beneficiaries. If it can be demonstrated that the person lacked this capacity at the time the will was made, the will can be declared invalid. This often involves providing evidence from medical records, witness testimony, and other relevant documentation to prove that the individual was not of sound mind.
Undue influence occurs when someone exerts excessive pressure on the person making the will, effectively overriding their free will. This is a serious accusation and can be challenging to prove, as it requires demonstrating that the influence was so pervasive that it compromised the person’s ability to make independent decisions. Evidence such as unusual beneficiary designations, changes in the will shortly before death, or isolation of the person from other family members can be indicative of undue influence.
Fraud is another ground for challenging a will. Fraud occurs when the will is created based on false information or deceit. For example, if a beneficiary misrepresents facts or lies to the testator, leading to changes in the will, this could be considered fraud. Similarly, forgery or falsifying documents related to the will’s creation also falls under this category. Proving fraud requires clear evidence that deception was intentional and directly influenced the will’s provisions.
Improper execution refers to the failure to adhere to the formal requirements for creating a valid will in Oklahoma. The state has specific rules about how a will must be signed, witnessed, and documented. If these procedures are not followed correctly, the will may be deemed invalid. This includes situations where the will is not signed by the testator in the presence of at least two witnesses, or if the witnesses are not qualified according to Oklahoma law. Ensuring all procedural requirements are met is crucial to upholding the validity of a will.
Legal Processes for Contesting a Will in Oklahoma
The legal process of contesting a will in Oklahoma begins with filing a petition in the probate court where the will is being administered. This petition must outline the grounds for the contest and provide evidence supporting the claim. It is essential to act quickly, as Oklahoma law imposes strict time limits on when a will can be contested. Generally, a will must be contested within three months of the date the notice of probate is issued. Failing to act within this timeframe can result in losing the right to challenge the will.
Once the petition is filed, the court will review the claim and determine if there is sufficient cause to proceed with a hearing. If the court finds merit in the challenge, a hearing will be scheduled where both parties can present their evidence and arguments. This hearing is a formal legal proceeding, and the person contesting the will must provide substantial proof to support their claims. The burden of proof lies with the challenger to demonstrate that the will is invalid based on the grounds stated in the petition.
During the hearing, witnesses may be called to testify, and documents can be presented to support the challenge. This is where the skills of a seasoned attorney can be invaluable, as they can help gather the necessary evidence, interview witnesses, and present a compelling case to the court. Cross-examination of witnesses is also a critical part of this process, as it can reveal inconsistencies or weaknesses in the opposing side’s case. The court will carefully consider all the evidence before making a decision.
If the court finds that the will is invalid, it may be set aside, and the estate will be distributed according to Oklahoma’s intestacy laws, or a previous valid will may be reinstated. However, if the court upholds the will, the terms outlined in the document will be executed as intended. It is important to note that even if a will is contested and upheld, the process can still significantly delay the distribution of assets and increase legal costs for all parties involved.
Potential Consequences of Contesting a Will
Contesting a will is not only a legal challenge but also an emotional one. Family relationships can be strained, and the process can be lengthy and costly. It is crucial to carefully consider the potential consequences before deciding to challenge a will. In some cases, contesting a will may lead to a complete loss of inheritance if a no-contest clause is included in the will. These clauses stipulate that any beneficiary who contests the will and loses will forfeit their inheritance. Understanding the risks and potential outcomes is essential before moving forward with a legal challenge.
It is also important to recognize that even if a challenge is successful, it does not guarantee a favorable outcome for the challenger. The court may distribute the estate differently than anticipated, or a previous will may have terms that are not beneficial to the challenger. Additionally, legal fees and court costs can quickly accumulate, reducing the overall value of the estate. Therefore, it is advisable to seek legal counsel to thoroughly assess the merits of a case and develop a strategic approach to challenging a will.
The Role of Mediation in Will Contests
Mediation is an alternative dispute resolution method that can be beneficial in will contests. This process involves a neutral third party, the mediator, who facilitates discussions between the parties to reach a mutually agreeable solution. Mediation can be less adversarial than a court hearing and may help preserve family relationships by fostering communication and understanding. In Oklahoma, courts often encourage mediation before proceeding to a formal hearing, as it can save time, reduce costs, and lead to more satisfactory outcomes for all involved.
During mediation, both parties have the opportunity to express their concerns and work towards a resolution that respects the intentions of the deceased while addressing the grievances of the challenger. While mediation is not legally binding, any agreement reached can be formalized and approved by the court. This process allows for more creative solutions that may not be available through a court decision, such as establishing trusts or agreeing on different asset distributions.
However, mediation may not be suitable for all cases, especially if there is substantial evidence of fraud or undue influence. In such instances, a formal court hearing may be necessary to ensure that justice is served and the true intentions of the deceased are honored. It is important to consult with an attorney to determine the best course of action based on the specific circumstances of the case.
Why Legal Representation is Crucial
Challenging a will is a legally complex process that requires a deep understanding of probate law, court procedures, and the specific requirements of Oklahoma law. Having competent legal representation is crucial to navigating this process effectively. An experienced attorney can help evaluate the strength of the case, gather necessary evidence, represent the challenger in court, and negotiate settlements if appropriate. Legal representation can make the difference between a successful challenge and an unsuccessful one, especially in cases involving intricate legal arguments or substantial evidence.
An attorney can also provide valuable guidance on the likelihood of success based on the grounds for the challenge and the available evidence. They can advise on the best legal strategies to pursue and help manage expectations throughout the process. Given the emotional and financial stakes involved in challenging a will, it is important to have a legal advocate who can provide objective advice and support.
Understanding the Importance of Timeliness
Timing is a critical factor when challenging a will in Oklahoma. As previously mentioned, there are strict time limits for filing a contest, and missing these deadlines can result in losing the right to challenge the will altogether. It is essential to act promptly and seek legal advice as soon as possible if you believe there are grounds for contesting a will. Delays can complicate the process, reduce the chances of a successful challenge, and increase the emotional and financial toll on all parties involved.
In addition to filing deadlines, timely action is important for gathering evidence and securing witness testimony. Memories can fade, documents can be lost or destroyed, and witnesses may become unavailable over time. By acting quickly, you can ensure that all necessary evidence is preserved and available to support your case. This can be particularly important in cases involving allegations of undue influence or fraud, where the burden of proof lies with the challenger to demonstrate the will’s invalidity.
Estate planning for blended families in Oklahoma
Blended families, consisting of married or unmarried couples with children from previous relationships, have become increasingly common in today’s society. While the bonds formed within these families are undoubtedly strong, the complexities of estate planning can pose unique challenges. Estate planning for blended families in Oklahoma requires careful consideration of various factors to ensure that everyone’s interests are protected and that assets are distributed according to your wishes. In this article, we will explore the specific requirements and considerations for estate planning in blended families in Oklahoma, providing you with essential information to make informed decisions about your family’s future.
Understanding Estate Planning for Blended Families:
Estate planning is the process of creating a comprehensive plan to manage and distribute your assets upon your passing. For blended families, this process often involves balancing the needs of the current spouse or partner and the children from previous relationships. Without proper planning, conflicts and disputes may arise, potentially causing emotional stress and financial hardship for your loved ones.
Updating Your Will and Establishing Trusts:
The first step in estate planning for blended families is reviewing and updating your will. A will allows you to specify how you want your assets to be distributed and who will be responsible for managing your affairs after your passing. In the case of blended families, it is essential to consider how you want to provide for your current spouse or partner while ensuring that your children’s inheritance is protected.
Establishing trusts can be an effective way to accomplish these goals. Trusts allow you to set aside assets for specific beneficiaries and designate a trustee to manage those assets on their behalf. This ensures that your children’s inheritance is protected and distributed according to your wishes, even if you pass away before your current spouse or partner.
Nominating Guardians for Minor Children:
If you have minor children from a previous relationship, it is crucial to nominate a guardian who will care for them in the event of your passing. This decision requires careful consideration and open communication with all parties involved. Discussing your intentions with your current spouse or partner, as well as the potential guardians, can help avoid conflicts and ensure the well-being of your children.
Beneficiary Designations and Retirement Accounts:
Blended families often have complex financial arrangements, including retirement accounts, life insurance policies, and other assets with beneficiary designations. It is essential to review and update these designations regularly to ensure they reflect your current wishes. Failing to update beneficiary designations can result in unintended consequences, such as ex-spouses or estranged family members inheriting assets you intended for your current spouse or children.
Power of Attorney and Healthcare Directives:
Estate planning involves more than just the distribution of assets. It also includes planning for incapacity and end-of-life decisions. Granting someone power of attorney allows them to make financial decisions on your behalf if you become incapacitated. Similarly, healthcare directives outline your wishes regarding medical treatment and appoint someone to make healthcare decisions when you are unable to do so.
Understanding Trust Administration in Oklahoma
Trust administration refers to the process of managing and distributing assets held within a trust. In Oklahoma, this involves the trustee, the person appointed to oversee the trust, carrying out specific duties outlined in the trust document. The trustee’s responsibilities include safeguarding the trust assets, managing them prudently, and ensuring beneficiaries receive distributions as specified. Beneficiaries are the individuals or entities entitled to receive benefits from the trust, and their rights are protected under Oklahoma law.
This process can be challenging because it requires strict compliance with both the terms of the trust and the state’s legal requirements. Beneficiaries may have questions about how the trustee is handling the trust, whether the distributions are fair, or how to address concerns if they believe the trustee is not acting in their best interest. Understanding the fundamentals of trust administration can empower beneficiaries to protect their rights while fostering open communication with the trustee.
Rights and Responsibilities of Beneficiaries
Beneficiaries have specific rights under Oklahoma law, which include the right to receive information about the trust and its administration. This includes access to the trust document, updates on financial transactions, and information about how the trustee is managing the trust assets. Beneficiaries also have the right to receive distributions in accordance with the terms of the trust.
At the same time, beneficiaries should be aware of their role in the process. While they are entitled to benefits, they also have a responsibility to communicate their concerns respectfully and work collaboratively with the trustee whenever possible. Open communication can often prevent misunderstandings and disputes, helping to ensure the smooth administration of the trust.
Common Challenges in Trust Administration
While trust administration is designed to provide clear guidelines for managing and distributing assets, challenges can still arise. One common issue is a lack of communication between the trustee and beneficiaries. Beneficiaries may feel left in the dark about the status of the trust, leading to frustration or mistrust. Trustees, on the other hand, may struggle to balance transparency with their fiduciary duty to act in the trust’s best interest.
Disputes can also occur when beneficiaries disagree with how the trustee is managing the trust assets. For example, if a beneficiary believes the trustee is making imprudent investments or mismanaging funds, they may seek to hold the trustee accountable. Additionally, delays in distributions or concerns about favoritism can create tension among beneficiaries.
These challenges can be emotionally taxing, especially when they involve family members or other close relationships. Seeking professional legal guidance can help beneficiaries address these issues in a constructive manner, ensuring that their rights are upheld without escalating conflicts unnecessarily.
How Oklahoma Law Protects Beneficiaries
Oklahoma law provides robust protections for beneficiaries to ensure they are treated fairly during trust administration. Trustees are held to a high standard of conduct and must act in the best interest of the trust and its beneficiaries at all times. This includes managing assets prudently, avoiding conflicts of interest, and providing clear and timely communication.
If a trustee fails to meet these obligations, beneficiaries have legal recourse. For instance, they can request an accounting to review the trustee’s actions and verify that the trust is being managed appropriately. If misconduct is discovered, beneficiaries may take legal action to remove the trustee or seek restitution for any financial harm caused.
Understanding these legal protections is essential for beneficiaries, as it allows them to advocate for their rights effectively. A knowledgeable attorney can provide valuable support in navigating these laws and ensuring the trust is administered according to both its terms and the law.
The Importance of Timely Action in Trust Administration
Acting promptly is crucial when addressing concerns related to trust administration in Oklahoma. Delaying action can lead to further complications, including financial loss or strained relationships among beneficiaries and trustees. Oklahoma law sets specific time limits for certain legal actions, such as contesting a trustee’s decisions or seeking an accounting. Missing these deadlines may result in the forfeiture of your rights. Beneficiaries who act swiftly not only safeguard their interests but also demonstrate their commitment to resolving issues constructively. By addressing concerns early, beneficiaries can help prevent misunderstandings from escalating and ensure the trust is administered smoothly.
Addressing Emotional Strain During Trust Administration
Trust administration often brings emotional challenges, particularly when it involves family members. Disputes over financial decisions, perceived favoritism, or delays in communication can create tension, which may affect long-standing relationships. It is important for beneficiaries to approach these situations with empathy and patience. Seeking professional legal assistance can ease the burden by providing clarity and guidance. An attorney can act as a neutral party, helping to mediate conflicts and ensure that all parties feel heard and respected. Taking steps to address emotional strain early can help preserve relationships while protecting your legal rights.
Estate planning for unmarried couples in Oklahoma
Estate planning is important for everyone, regardless of whether you are married or not. However, unmarried couples face unique challenges when it comes to estate planning. Unlike married couples, unmarried couples do not have the same legal rights and protections. Therefore, it is essential for unmarried couples to have an estate plan in place to ensure that their wishes are carried out in the event of their incapacitation or death. In this blog post, we will discuss estate planning for unmarried couples in Oklahoma.
Create a Will
A will is a legal document that outlines your wishes for your assets and property after your death. It is essential for unmarried couples to have a will in place to ensure that their assets are distributed according to their wishes. Without a will, Oklahoma’s intestacy laws will dictate how your assets are distributed, which may not align with your wishes. If you die without a will and have no children, your assets will go to your parents, siblings, or other relatives, rather than your partner. Therefore, it is essential to create a will to ensure that your partner is provided for after your death.
Consider a Trust
A trust is a legal arrangement in which a person, known as the trustee, manages property for the benefit of another person, known as the beneficiary. A trust can be useful for unmarried couples who want to ensure that their assets are protected and distributed according to their wishes. A trust can provide several benefits, including avoiding probate, protecting assets from creditors, and ensuring that assets are distributed to the intended beneficiaries.
Designate Beneficiaries
In Oklahoma, you can designate beneficiaries for certain assets, such as retirement accounts, life insurance policies, and bank accounts. By designating a beneficiary, you can ensure that these assets are distributed to your partner after your death. It is essential to review your beneficiary designations regularly and update them as necessary to ensure that your wishes are carried out.
Create Powers of Attorney
A power of attorney is a legal document that authorizes someone to act on your behalf if you become incapacitated or unable to make decisions. Unmarried couples should consider creating powers of attorney for healthcare and finances to ensure that their partner can make decisions on their behalf if necessary.
Seek Legal Advice
Estate planning can be complex, and it is essential to seek legal advice from an experienced attorney. An attorney can help you create an estate plan that meets your specific needs and ensures that your wishes are carried out.
Be Mindful of Joint Ownership
Unmarried couples may choose to own property jointly, such as a home or a bank account. However, it is important to be aware of the legal implications of joint ownership. Joint ownership means that both parties have equal ownership and control over the property. If one partner passes away, the surviving partner automatically inherits the property, regardless of what is stated in a will. It is important to consider the implications of joint ownership when creating an estate plan.
Plan for Unmarried Partner’s Inheritance
In Oklahoma, if a person dies without a will and has no spouse or children, their assets will go to their parents, siblings, or other relatives. This means that an unmarried partner will not inherit anything if their partner dies without a will. It is important for unmarried couples to plan for their partner’s inheritance by creating a will and designating their partner as a beneficiary of their assets.
Review and Update Estate Plan Regularly
Estate planning is not a one-time event. It is important to review and update your estate plan regularly to ensure that it reflects your current wishes and circumstances. Life events such as marriage, the birth of a child, or a change in financial circumstances can impact your estate plan. It is important to review and update your estate plan after any significant life event.
Estate planning for unmarried couples in Oklahoma is crucial to ensure that their wishes are carried out and their partner is provided for in the event of their incapacitation or death. Creating a will, or trust, designating beneficiaries, creating powers of attorney, seeking legal advice, being mindful of joint ownership, planning for the partner’s inheritance, and regularly reviewing and updating the estate plan are all important steps to take in estate planning. By taking these steps, unmarried couples can have peace of mind knowing that their wishes will be carried out and their partner will be taken care of.
The role of life insurance in Oklahoma estate planning
Estate planning is a crucial aspect of securing your assets and ensuring your loved ones are well taken care of after your passing. In Oklahoma, just like in any other state, there are various tools and strategies available to help you create a comprehensive estate plan. One of the most effective and versatile tools in Oklahoma estate planning is life insurance. In this blog post, we will explore the significant role life insurance plays in estate planning in Oklahoma, highlighting its benefits and considerations.
Providing Financial Security for Loved Ones:
Life insurance acts as a safety net for your loved ones by providing them with a lump sum payment, known as the death benefit, upon your passing. This financial security can help replace lost income, cover outstanding debts, pay for funeral expenses, and ensure your family’s well-being. By incorporating life insurance into your estate plan, you can leave a lasting legacy for your beneficiaries.
Mitigating Estate Taxes:
Oklahoma does not have an estate tax, but it is important to consider federal estate taxes if your estate exceeds a certain threshold (as of 2021, the federal estate tax exemption is $11.7 million per individual). Life insurance proceeds can be used to offset these taxes and prevent your heirs from being burdened with a significant tax liability.
Facilitating Business Succession:
If you own a business in Oklahoma, life insurance can play a critical role in ensuring a smooth transition of ownership upon your death. By designating the proceeds from a life insurance policy to be used for purchasing your business interests, you can provide
Equalizing Inheritances:
Life insurance can be used strategically to equalize inheritances among your beneficiaries. For example, if you plan to leave a family business to one child, you can use life insurance to provide an equivalent inheritance to your other children who may not have an interest in the business. This approach helps maintain family harmony and ensures fair distribution of assets.
Protecting Assets and Covering Debts:
Life insurance can be an effective tool for protecting specific assets, such as a family home or heirloom, from being sold to cover debts or taxes. By assigning the ownership of a life insurance policy to a trust, you can shield it from creditors and ensure that the policy’s proceeds are used to protect and preserve your valuable assets.
Choosing the Right Type of Life Insurance:
When considering life insurance for your estate plan, it’s important to understand the different types of policies available. The two main types of life insurance are term life insurance and permanent life insurance. Term life insurance provides coverage for a specific term, typically 10, 20, or 30 years, while permanent life insurance offers coverage for your entire lifetime.
For estate planning purposes, permanent life insurance, such as whole life or universal life insurance, is often preferred. These policies accumulate cash value over time, which can be accessed during your lifetime if needed. The cash value growth is generally tax-deferred, allowing your policy to grow without incurring immediate tax obligations.
Beneficiary Designations and Policy Ownership:
To ensure your life insurance proceeds are distributed according to your wishes, it is crucial to carefully designate beneficiaries. In Oklahoma, you have the flexibility to name individuals, such as family members or charitable organizations, as beneficiaries. You can also designate a trust as the beneficiary, which can provide added protection and control over the distribution of funds.
Additionally, consider who should own the life insurance policy. Depending on your goals and circumstances, it may be beneficial to establish an irrevocable life insurance trust (ILIT) to own the policy. An ILIT can help protect the proceeds from estate taxes, provide creditor protection, and allow for greater control over the distribution of funds.
Regular Policy Reviews and Updates:
Estate planning and life insurance needs can change over time due to various factors, such as marriage, divorce, the birth of a child, or significant changes in your financial situation. It is essential to review your life insurance policies periodically to ensure they align with your current estate planning goals. Regularly consulting with your estate planning attorney or financial advisor will help you make necessary updates and adjustments to your policies.
Seek Professional Guidance:
Estate planning and life insurance can involve complex legal and financial considerations. Therefore, it is highly recommended to consult with an experienced estate planning attorney or financial advisor who understands the laws and regulations specific to Oklahoma. They can help you navigate the intricacies of estate planning, evaluate your life insurance needs, and develop a comprehensive strategy that safeguards your legacy.
How to minimize estate taxes in Oklahoma
Estate taxes can be a significant burden for families, especially if they are not properly prepared. Fortunately, there are steps you can take to minimize estate taxes in Oklahoma. Here are some tips to help you reduce your estate tax liability:
- Understand the Oklahoma estate tax laws: The first step in minimizing estate taxes in Oklahoma is to understand the laws. In Oklahoma, the estate tax is based on federal estate tax laws, which means that the state tax is equal to the credit for state death taxes allowed on the federal estate tax return. Oklahoma does not have its own separate estate tax.
- Consider gifting: One of the simplest ways to reduce your estate tax liability is to gift assets to your heirs while you are still alive. You can gift up to $15,000 per year to each individual without incurring any gift tax. You can also pay for medical expenses and tuition for your beneficiaries without incurring any gift tax. Gifting can also help reduce the size of your estate, which can further reduce your estate tax liability.
- Create a trust: Another way to minimize estate taxes is to create a trust. Trusts can help you avoid probate, which can be costly and time-consuming. You can also use trusts to transfer assets to your beneficiaries while still maintaining some control over those assets. Certain types of trusts, such as irrevocable trusts, can also help you reduce your estate tax liability.
- Use life insurance: Life insurance can be a valuable tool for minimizing estate taxes. The death benefit from a life insurance policy is not subject to estate taxes, which means that your beneficiaries will receive the full amount of the policy. You can also use life insurance to pay for estate taxes, which can help reduce the burden on your beneficiaries.
- Consult with an estate planning attorney: Finally, it is important to consult with an estate planning attorney who can help you develop a comprehensive estate plan that minimizes your estate tax liability. An attorney can help you navigate the complex estate tax laws and develop a plan that meets your unique needs and goals.
- Consider charitable giving: Charitable giving can also help you reduce your estate tax liability while supporting causes that are important to you. You can donate assets, such as stocks or real estate, to a charitable organization, which can help reduce the size of your estate and lower your estate tax liability. Additionally, if you make a charitable donation in your will or trust, the donation will be deducted from your estate for estate tax purposes.
- Utilize the marital deduction: If you are married, you can take advantage of the marital deduction to reduce your estate tax liability. The marital deduction allows you to transfer an unlimited amount of assets to your spouse without incurring any estate tax liability. This means that you can transfer assets to your spouse both during your lifetime and after your death without any tax consequences.
How to plan for charitable giving in Oklahoma
Charitable giving is a wonderful way to support the causes you care about while making a positive impact in your community. In Oklahoma, there are a variety of charities and non-profit organizations that are making a difference in the lives of others. However, it can be overwhelming to decide which organizations to support and how much to donate. In this blog post, we will discuss some tips for planning your charitable giving in Oklahoma.
Determine your giving goals
Before you start donating money to charities, it’s important to determine your giving goals. Consider the causes you are passionate about and the impact you want to make. Do you want to support education, healthcare, the environment, or social justice? By defining your giving goals, you can focus your donations and make a bigger impact in the areas that matter most to you.
Research charities
Once you have identified your giving goals, you can begin researching charities that align with your values. The Oklahoma Center for Nonprofits is a great resource for finding local charities and non-profit organizations. You can also check out charity watchdog sites like Charity Navigator, which rates charities based on their financial health, accountability, and transparency.
When researching charities, consider factors like their mission, impact, and financial management. Look for organizations that have a clear and compelling mission statement, and that can demonstrate the impact of their programs. It’s also important to make sure that the charity is financially responsible and transparent with their finances.
Create a giving plan
Once you have identified the charities you want to support, it’s important to create a giving plan. This will help you stay organized and ensure that you are able to donate the amount you want to each organization. Consider setting a budget for your charitable giving and deciding on a schedule for making donations throughout the year.
You may also want to consider alternative forms of giving, such as volunteering or donating goods or services. Many charities rely on volunteers to help with their programs, so your time and skills can be just as valuable as your financial contributions.
Maximize your giving
There are a number of ways to maximize your charitable giving in Oklahoma. One option is to take advantage of the Oklahoma Charitable Tax Credit. This credit allows you to receive a state income tax credit for donations made to eligible charities in Oklahoma. You can claim up to 50% of your charitable contributions as a tax credit, up to a maximum of $400 for individuals and $800 for couples.
Another way to maximize your giving is to participate in employer matching programs. Many employers will match their employees’ charitable contributions, which can double the impact of your donation.
Consider long-term giving
In addition to your immediate giving plan, it’s also important to consider long-term giving strategies. One option is to establish a donor-advised fund (DAF), which allows you to make a charitable contribution to a fund that you can recommend grants from over time. This allows you to support multiple charities and causes while maintaining control over your donations.
Another option is to include charitable giving in your estate planning. This can include leaving a bequest to a charity in your will, or establishing a charitable trust that provides ongoing support to a cause you care about. These strategies can ensure that your charitable giving has a lasting impact beyond your lifetime.
Stay engaged with the charities you support
Finally, it’s important to stay engaged with the charities and causes you support. This can include attending events or volunteer opportunities, following their progress on social media, and keeping up-to-date with their news and developments. By staying engaged, you can see the impact of your donations firsthand and continue to support the organizations that are making a difference in your community.
Necessity of an Irrevocable Trust
Do you have questions about the necessity of an irrevocable trust in Oklahoma? Watch this video for guidance, then call our Stillwater lawyers.
Question:
Is having a irrevocable trust necessary in Oklahoma?
Answer:
I recommend an irrevocable trust if you:
- Have some creditor issues
- Have potential liabilities out there
- Have a spouse that you don’t completely trust
- Have children you don’t completely trust
There are many ways an irrevocable trust can help, but two big ones are when you can’t completely trust your spouse or your children. For example, when someone passes away with a revocable trust, sometimes the spouse changes it. If you don’t totally trust your spouse, you need to put some real tight regulations in there to ensure things go as you’d intended them to regarding your estate.
Another thing that happens with an irrevocable trust is, especially with men, when their wives pass away first, you have men that are in their 60s, 70s, or 80s who have a lot of money, a lot of wealth. Men, it’s hard for them to be alone. They don’t like it and will often find another woman to live with. As these men remarry or take on girlfriends, the children often worry about what their dad is doing with his wealth and money. And it’s not uncommon for them to start seeing evidence that he’s spending his money in ways he never would have before.
I’ve been involved with a lot of litigation with elderly men who get involved with women who basically take over their lives and their bank accounts and become their power of attorney. In such instances, heirs (children) are typically horrified and try to put a stop to it.
Situations like this highlight how beneficial an irrevocable trust can be. It protects heirs from their parents’ second and third marriages and protects the surviving parent from individuals who may not have the purest motives when entering the relationship.
Durable Power of Attorney
Learn about a durable power of attorney and how it works in this video. Then, contact our Stillwater attorneys for a free legal consultation.
Question:
What is a durable power of attorney and how does it work?
Answer:
In the last seven or eight years, I lost both my parents. I lost my mom last September. I know from my own experience that the things family members are asked in the event that a loved one is incapacitated or dies are:
Does this person have a designated durable power of attorney?
Does this person have a healthcare of directive?
If you happen to be the person being rushed to the hospital, these are questions your medical team will ask you.
The reason they ask for these things is they need to know who will make decisions on behalf of your loved one should they become incapacitated, unconscious, or need life support. And who will do so for you if you are the patient.
The durable power of attorney enables you to take care of the affairs of your loved one if something happens to them. I like to say the durable power of attorney springs into existence when your loved one becomes incapacitated and so you can handle issues such as:
- Banking
- Mortgage payments
- Signing leases
- Signing of important medical and financial documents
Being able to sign whatever is necessary to conduct business on behalf of your loved one requires a durable power of attorney. It will also allow you to authorize healthcare, which may involve instructing doctors to do or not proceed with certain treatments.
Without a durable power of attorney, your loved one’s doctors won’t know who to follow or what your loved one’s wishes are. Without a durable power of attorney, your loved one’s doctors’ hands may be “tied.” If something happens to a loved one and there is no durable power of attorney, you’re looking at needing to attain guardianship so the court will appoint you as a guardian. This would take time, and if a medical decision needs to be made quickly, not having the authority to provide input can be detrimental.
A healthcare directive is beneficial because modern medicine provides many ways to keep you alive, but many people want quality of life factored into such decisions. A healthcare directive allows you to specify how much medical intervention you want if you are seriously ill in a coma, you’re persistently unconscious, or you have a terminal illness.
You may choose to receive food/nutrition intravenously. You may choose to only receive water intravenously. You may choose not to receive either. Most people do not want to be kept alive if they have no chance of resuming a meaningful life.
The healthcare directive gives the individual the opportunity to choose whether they want life-saving intervention if they’re unable to live a substantial, helpful, abundant life. Without a healthcare directive, your medical providers will have to default to keeping you alive.
Importance of a Trustee
Are you looking to select a trustee for your trust? Learn the importance of a trustee in this video, then contact our Stillwater attorneys.
Question:
Why is it important to have a trustee in Oklahoma?
Answer:
An important reason to seek out a lawyer to help with estate planning and the creation a trust is that it provides structure and boundaries around family assets. This is particularly helpful and often necessary when a surviving parent is besieged with requests for money from children and grandchildren.
A surviving parent that’s older may be physically and emotionally vulnerable after the loss of their spouse. This is also a time when children, children’s’ spouses, and grandchildren may come around looking for financial gifts.
In today’s society, it’s a lot easier to ask for money than to have the discipline and patience to earn it and prepare for wants and needs. Unfortunately, many people would rather go with the quick fix and ask for a hand-out.
If you think you have a surviving parent that might be susceptible to undue influence by surviving children and their spouses, help them out. Find an attorney to serve as a trustee on behalf of their estate.
Having an attorney act as a co-trustee will help remove the burden from the surviving parent receiving financial requests. It’s not easy to say no to your children. They can be pretty persuasive, especially when you feel guilty that the other parent is not there to give you advice or counsel.
As an attorney, one of the things adult children often tell me after the death of a parent is, “Well, if my mom was here, she’d want me to do this. If my dad was here, he’d want me to do this.” That’s not always true. A knowledgeable attorney can avoid much of this type of manipulation with a carefully set up trust.
One of the practices I use to achieve this is having clients whose trusts I handle provide me with a video. I ask them a series of questions to clarify how they want this money to be cared for. I ask how they want the trustee to sprinkle money on their children and grandchildren. I ask what types of things they don’t want to see happen. I ask what things they absolutely do not want to fund.
By doing that, it gives the trustee an idea, but more importantly, the trustee can show those videos to these heirs and the heirs realize that this is what their father or mother wanted. It’s really a difficult world to navigate. There have never been so many different things a surviving spouse has to deal with. Having the right trustee handling one’s estate is an incredible help.
If you are considering challenging a will in Oklahoma, it is essential to have knowledgeable legal support on your side. The legal processes involved can be daunting and require a thorough understanding of probate law and court procedures. The Murray Law Firm is here to help you navigate this complex process. Our team is dedicated to providing the guidance and representation you need to protect your rights and ensure that your loved one’s true intentions are honored. Contact us today to discuss your case and learn how we can assist you in challenging a will.