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- 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.
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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 a trustee 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' agreement.
See - FAQ - Pre Nuptial Agreements - Ante 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 particular persons.
- 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!
- See FAQ - About Wills & Trusts
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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.
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ADVANCE DIRECTIVE FOR HEALTH CARE
LIVING WILL
A 'Living Will' is but one portion of an Advance Directive For Health CareThis 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.
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GETTING MARRIED?
Marriage is a contract, and carries with it legal consequences 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.See - FAQ - Pre-Nuptial Agreements - Ante Nuptial
See also - FAQ - Common Law Marriages
See also - Pre Nuptial Agreements - On Line
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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.
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