McKIMMEY LAW OFFICE, P.C.
Twenty E. Ninth Street - The Aldridge - Suite 137 - Shawnee, Oklahoma 74801 - 405-275-3564
GENERAL PRACTICE -
WILLS & TRUSTS -
FEES & SERVICES
DOCUMENT PREPARATION -
POWERS OF ATTORNEY -
REAL ESTATE -
CIVIL RIGHTS -
GOVERNMENTAL TORT CLAIMS -
EVERYONE SHOULD HAVE
McKIMMEY LAW OFFICE is one of the leading small law firms in the Shawnee, Oklahoma area, with a Statewide practice in all State and Federal Courts.
McKIMMEY LAW OFFICE is a general practice law firm. Our expertise includes Probate, Wills, Trusts, Real Estate, and Governmental Tort Claims, including Civil Rights litigation involving the Fourth and Fourteenth Amendments.
"An Affordable Attorney at Law"
Admitted to Practice - Oklahoma - 1974
United States Supreme Court - Tenth Circuit Court of Appeals
All United States District Courts of Oklahoma
- The Statements and Opinions expressed on this page are general in nature, and the Answers and Opinions that our office would most likely give you.
You should also be aware that many of the Answers and Opinions expressed on this page represent our opinion and do not necessarily reflect the views of the entire legal community!
Laws in different states may vary. Since we practice in Oklahoma the views in this segment reflect Oklahoma Law, and the law applicable in your state may be different.
You should not consider these Answers and Opinions as legal advice applicable to your particular case and circumstances.
In planning your affairs you should consult directly with an attorney of your choosing, acquainting him / her with all of the facts and circumstances which apply to you.
In planning your affairs you should always get a second opinion.
LAST WILL AND TESTAMENT
Q. - Why Do I Need a WILL?
A. - So that you may control the distribution of your property and direct exactly who is to receive it upon your death.
With a Will you may also be able to cut down on the total cost and time required to complete a probate.
With a Will you may name the person who is to take charge of your estate.
Persons who absolutely should have a will:
- Couples who have minor children may nominate guardians - and provide for trustee of their estate for the care of the children.
- Divorced Persons with minor children may nominate guardians in the event of the death of the other parent - and provide for trustees of their estate to insure the children benefit.
- Persons with children entering into a second marriage who want to insure that their own children are taken care of.
These persons should also have a 'pre nuptial'
- Persons who may want to insure that one child has a different portion of the estate than might be otherwise provided by law.
- Persons who have no spouse and / or children need to provide an orderly distribution. Without a will it is possible that your estate may pass to unknown relatives.
- Persons who want to make specific gifts of particular property to
- All persons who think they have already taken care of everything. - A Will
is like a spare tire and covers those things that may have been overlooked.
- All persons who want to insure their last wishes are carried out!
FAQ - About Wills & Trusts
DURABLE POWER OF ATTORNEY
This instrument, authorized by The Uniform Durable Power of Attorney Act, has been adopted by more than half of the States.
In Oklahoma it is found in Title 58 Okla. Stats, Sec. 1071, et seq.
The distinguishing feature of this Power of Attorney is that the grantee may provide that power of attorney either not be affected by subsequent disability or incapacity - or that it shall only become effective upon the subsequent diability or incapacity of the principal.
By this instrument the prinicpal may also nominate a guardian or conservator in the event of subsequent disability or incapacity.
ADVANCE DIRECTIVE FOR HEALTH CARE
A 'Living Will' is but one portion of an Advance Directive For Health Care
This instrument, authorized by Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, Title 63, Okla. Stats., Sect 3101.1, et seq, allows you to give directions concerning the use of extraordinary life sustaining procedures in the event you are Terminally Ill or Persistently Unconscious.
You may also appoint a 'Health Care Proxy', and direct the donation of organs by this instrument.
Other states may have statutory provisions allowing such an instrument.
Marriage is a contract, and carries with it legal consequeces that affect your property rights in ways you may not have intended.
Whether rich or poor you should consider a Pre-Nuptial Agreement.
For one sad story where the persons didn't have a Pre-Nuptial Agreement.
FAQ - Pre-Nuptial Agreements - Ante Nuptial
See also - FAQ - Common Law Marriages
Tip of the Day
Any Divorce Decree is an important legal document which should not be discarded, but which should kept with your valuable papers!
A Divorce Decree is proof of the termination of a legal relationship!
As unlikely as it may seem such proof of the termination of the relationship may be needed 30 to 40 years after the Divorce is granted.
It is amazing how many former spouses show up in probate proceedings claiming a share in the deceased's estate!
Recently a man came into the office with the problem of proving he was Divorced!
He was seeking VA benefits for himself and his wife of over 35 years. Government records from World War II showed he had another wife. The VA needed a copy of his Divorce Decree from his former spouse.
In 1948 he was served with Divorce petition, agreed to the Divorce, appeared in Court and he remembers that a Divorce was granted.
Assuming he was divorced he remarried, and lived as such since 1964.
However, Court files did not show that a Divorce Decree was ever entered.
According to Government Records he is still married to the wife he has not seen in over 50 years!
If you have a question of a general nature that you feel should be included in this segment, please let us know.
We also would like to receive comments and suggestions for better Answers.
Although we cannot give specific legal advice on the phone we are willing to answer questions of a general nature.
If your question is of general interest we may include your letter and our response as a part of our website.
- 2001 - 2011 - Joseph E. McKimmey