Probate
If you have experienced the loss of a loved one with assets within the state of Oklahoma, the probate process may be necessary to effect the proper transfer of those assets. If a person died with a will, the probate process is required to validate the will and then administer the estate according to the will's terms. If a person has died without a will, the process is called an administration and the assets are transferred according to the state statutes. The legal process is similar in either instance, and our experienced probate attorneys will navigate this complicated process for you.
GUARDIANSHIP
The purpose of guardianship is to appoint a guardian over a ward that requires physical and mental care and management of their property. A ward can be a minor child, a partially incapacitated person or an incapacitated person. The guardian is legally responsible for the care of the ward and management of their property. The guardianship can be general, limited or special. A general guardian assumes the care and management of the ward's property. A limited guardian can only accept certain responsibilities as ordered by the court. A special guardian is generally appointed for emergencies for a certain period.
After a guardian has been appointed, the guardian becomes obligated to perform some duties diligently, in good faith and accordance with the guidelines set out by the court and Oklahoma law. For example, some of the responsibilities of the guardian may include care of the physical and mental welfare of the ward, management of the ward's property, filing an annual accounting of the ward's property and report of the ward's physical or mental capacity.
Contact Us Today
The county where the ward resides is usually where the petition for guardianship is filed. However, if the guardian is a member of the proposed ward's family, the guardianship can be filed in the guardian's county of residence. If the guardian is a minor child over 14, the child may nominate a guardian for court approval. To be eligible to be appointed as guardian by the court, the guardian must not be a minor nor an incapacitated or partially incapacitated person, a convicted felon, and the guardian must not be insolvent or have declared bankruptcy during the prior five (5) years. Further, the guardian must not have been subject to the Oklahoma Sex Offenders Registration Act's registration requirements or any similar act of any other state.
If the ward is an incapacitated or partially incapacitated person, a notice of the court hearing for the appointment of the guardian must be served upon the ward, the spouse of the ward, the attorney of the ward and all adult children of the ward. If the ward does not have a spouse, attorney or adult children, then notice of guardianship must be given to certain other family members.
If the ward is a minor child and has attained the age of 14, a notice of the guardianship filing must be given to the ward. Notice of the guardianship filing for a minor child must also be given to the living parents of the ward and any other person having custody of the ward. If the ward has no living parent, then notice must be given to certain family members.
GUARDIANSHIP
The purpose of guardianship is to appoint a guardian over a ward that requires physical and mental care and management of their property. A ward can be a minor child, a partially incapacitated person or an incapacitated person. The guardian is legally responsible for the care of the ward and management of their property. The guardianship can be general, limited or special. A general guardian assumes the care and management of the ward's property. A limited guardian can only accept certain responsibilities as ordered by the court. A special guardian is generally appointed for emergencies for a certain period.
After a guardian has been appointed, the guardian becomes obligated to perform some duties diligently, in good faith and accordance with the guidelines set out by the court and Oklahoma law. For example, some of the responsibilities of the guardian may include care of the physical and mental welfare of the ward, management of the ward's property, filing an annual accounting of the ward's property and report of the ward's physical or mental capacity.
The county where the ward resides is usually where the petition for guardianship is filed. However, if the guardian is a member of the proposed ward's family, the guardianship can be filed in the guardian's county of residence. If the guardian is a minor child over 14, the child may nominate a guardian for court approval. To be eligible to be appointed as guardian by the court, the guardian must not be a minor nor an incapacitated or partially incapacitated person, a convicted felon, and the guardian must not be insolvent or have declared bankruptcy during the prior five (5) years. Further, the guardian must not have been subject to the Oklahoma Sex Offenders Registration Act's registration requirements or any similar act of any other state.
If the ward is an incapacitated or partially incapacitated person, a notice of the court hearing for the appointment of the guardian must be served upon the ward, the spouse of the ward, the attorney of the ward and all adult children of the ward. If the ward does not have a spouse, attorney or adult children, then notice of guardianship must be given to certain other family members.
If the ward is a minor child and has attained the age of 14, a notice of the guardianship filing must be given to the ward. Notice of the guardianship filing for a minor child must also be given to the living parents of the ward and any other person having custody of the ward. If the ward has no living parent, then notice must be given to certain family members.