Blog

Short, simple videos answering the most frequently asked legal questions.

What Is A “Will”?

A will is a written document that specifies who you want to receive your assets. I think anybody that’s over 18 years old needs a will. Because, lets say, you are younger and you don’t have alot of assets, but you have children. If you pass away, you most likely want to specify who you want to take care of your children after you’re gone. Well, the will is a proper place to express that desire. If you’re older, and have some assets, then you want to specify who is to get those assets and how those are going to be divided, after you’re gone.

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What If I Die Without A Will?

The good news, or maybe the bad news, is the State of Oklahoma has a will made out for you. So, in other words, if you don’t have a will that you prepare while you’re living, the State has a plan on how your assets are going to be divided. Most of the time, the State’s plan on how to divide assets, doesn’t coincide with what you would really want. So, normally, it’s best to have a will because you don’t want to rely on the state law of Oklahoma.

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Is A Handwritten Will Valid?

In Oklahoma, a handwritten will is valid if it’s entirely written in the hand of the person that’s making it out. It must also be signed and dated at the end. I do not recommend a handwritten will. There are a lot of problems with it, and they oftentimes are not valid. It’s just a poor idea, but, it’s better than nothing.

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May I Dispose Of My Property As I Wish If I Have A Will?

There are very few limitations on what you have to do with your assets, or who you have to leave your assets to. If you’re married, you do have to leave a certain amount of assets to your spouse. But other than that, it’s very broad on what you can do, with very few limitations.

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Do I Have To Leave Anything To My Children?

No you don’t. The law of Oklahoma does not require you to provide for a child by leaving him assets. In the will, you have to mention the child. All of the children have to be mentioned in the will. You don’t have to leave them anything.

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How Do I Make A Will?

The very best way, is to go to an experienced attorney, and they will walk you through the steps to prepare the Will. They’ll ensure that it’s properly signed, witnessed and notarized. It is possible to make a handwritten Will, although I do not recommend it, because they are oftentimes successfully challenged.

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Does My Will Need To Be Filed At The Courthouse?

Not while you’re living. Normally, a will does not need to be filed at the courthouse. I recommend that you put your will in a safe place. Alot of people put their will in a safe deposit box at the bank, or a fireproof safe at their house. The key is, find a safe place and that your heirs can get to it.

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Can I Make Changes To My Will?

Absolutely, you can change your will as many times as you want, while you’re living, as long as you’re mentally competent. It’s very simple to amend a will.

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