Oklahoma Legal Issues

Twitter Weekly Updates for 2010-02-07

2010-02-07T21:11:00-08:00

Watching "Undercover Boss." Great concept & possibly a prolific experience for bosses. Truly a revolutionary company that is willing. #
Dumb Little Man – Tips for Life – 8 Foods That Will Hide Your Bad Breath http://bit.ly/acfwu9 // Always good to know in a pinch. #
The 10th Circuit released its opinion on Oklahoma's contoversial immigration law. See how it's affecting others: http://bit.ly/dhIzGP #
Seriously hoping John Slater of @OKCFOX is wrong. Not looking forward to "significant snow accumulations" on Sunday/Monday. Too much 2 do. #
Law Firms Rev Up Against Toyota Over Defect Reports http://bit.ly/dakOYD #
Toyota's admitting design problems with the anti-lock brakes in Prius models. You think?! #
Funniest episode of Modern Family tonight! Laughed constantly. "Moon landing" & "splash down." Too funny! #
WSJ.com: Law Blog – Are Law Professors Just Plain Lazy? http://bit.ly/aTC5Xz #
Reading: Windows pirates encouraged to install security patches
http://usat.me?76758 #
Facebook viewed as riskiest social network by companies
http://usat.me?76951 // Please stop sending me the Farmville requests. #
It's Norman Rockwell's birthday. Check out Google. #
Watching "How It's Made" on walnuts. I'm amazed at the folks who run quality control on stuff to quickly pick out the bad product. #
How to Mess Up Your Bankruptcy Case: “Now That’s Gonna Leave a Mark!” http://bit.ly/9Xldux // Excellent stuff! #
OKC schools closed tomorrow. #
Anyone know if OKC schools are closed? Saw Edmond, Deer Creek, and Moore are. #
Tax Refunds Can’t Be Intercepted Anymore by Michigan Chapter 13 Trustees http://bit.ly/cfubkd // Significant, but not available in OK. #
iPhone J.D. – Review: Fastcase — free caselaw and statute research for the iPhone http://bit.ly/cjqbXT #

Twitter Weekly Updates for 2010-02-07 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Twitter Weekly Updates for 2010-02-07

2010-02-07T21:11:00-08:00

Watching "Undercover Boss." Great concept & possibly a prolific experience for bosses. Truly a revolutionary company that is willing. #
Dumb Little Man – Tips for Life – 8 Foods That Will Hide Your Bad Breath http://bit.ly/acfwu9 // Always good to know in a pinch. #
The 10th Circuit released its opinion on Oklahoma's contoversial immigration law. See how it's affecting others: http://bit.ly/dhIzGP #
Seriously hoping John Slater of @OKCFOX is wrong. Not looking forward to "significant snow accumulations" on Sunday/Monday. Too much 2 do. #
Law Firms Rev Up Against Toyota Over Defect Reports http://bit.ly/dakOYD #
Toyota's admitting design problems with the anti-lock brakes in Prius models. You think?! #
Funniest episode of Modern Family tonight! Laughed constantly. "Moon landing" & "splash down." Too funny! #
WSJ.com: Law Blog – Are Law Professors Just Plain Lazy? http://bit.ly/aTC5Xz #
Reading: Windows pirates encouraged to install security patches
http://usat.me?76758 #
Facebook viewed as riskiest social network by companies
http://usat.me?76951 // Please stop sending me the Farmville requests. #
It's Norman Rockwell's birthday. Check out Google. #
Watching "How It's Made" on walnuts. I'm amazed at the folks who run quality control on stuff to quickly pick out the bad product. #
How to Mess Up Your Bankruptcy Case: “Now That’s Gonna Leave a Mark!” http://bit.ly/9Xldux // Excellent stuff! #
OKC schools closed tomorrow. #
Anyone know if OKC schools are closed? Saw Edmond, Deer Creek, and Moore are. #
Tax Refunds Can’t Be Intercepted Anymore by Michigan Chapter 13 Trustees http://bit.ly/cfubkd // Significant, but not available in OK. #
iPhone J.D. – Review: Fastcase — free caselaw and statute research for the iPhone http://bit.ly/cjqbXT #

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Twitter Weekly Updates for 2010-01-31

2010-01-31T21:11:00-08:00

Just curious, do tweets from the East/Central time zones about #Grammys spoil for the West/Mountain time zones? #
What's the deal with Taylor Swift swinging the microphone across the stage? #
I saw BEP on tour with Pearl Jam in 2001. They sucked, they didn't have Fergie. #
I need to get some camoflage clothes like The Black Eyed Peas. #
My prediction: Lady Gaga. #
Reading: Oklahoma Insurance Law – Comprehensive Lawsuit Reform Act of 2009: A Summary (Effective November 1, 2009) http://bit.ly/9W6xSg #
Reading: Role of the Social Security Administration District Office in Your Disability Determination http://bit.ly/ccCfSW #
Reading: ThePopTort – After Nearly 7 Years of Torturous “Tort Reforms,” Rural Texans Ask: Where are the Docs? http://bit.ly/bvxdGD #
Legal Juice – Doctor Of The Day? I Am Not Worthy. http://bit.ly/cTqYFS // Hasn't the TX legislature heard of doing a Google search? #
Does anyone know how much TARP money went directly to the private sector? Or did the money stay w/the states to decide? #
WH says nearly 600k jobs "saved" b/c of stimulus. Buried in the middle of this article is the sentence saved = funded. http://bit.ly/d14Yuf #
Any an awesome app? Just downloaded the FastCase app. Check it out! #
Got the driveway shoveled. Now the sun is coming out, hooray! We got 4.5 inches of snow! #
Reading: Want a loan modification? Bring documents
http://usat.me?37389180 #
Reformers Hope High Court Decision Will Kill Judicial Elections http://bit.ly/cNy3h8 // What's your thinking about this mess? #
Official snowfall measurement: 4.5 inches at 6:00 p.m. #
In The Village we have about 3 inches. #
I'm trying to get to 100 followers on my firm's Facebook, will you help me? http://bit.ly/b1YMkb #
Dilbert Daily Strip – Comic for January 29, 2010 http://bit.ly/a6ytqb // Please, stop sending me these "do or die" forwards. Now u know why. #
I'm shocked by the extent of the Toyota recall. I have an '04 Avalon, so I'm safe. Cover up? #
Obama proposes $5k tax credit for new jobs. Isn't this why we had the stimulus package? #
I'm trademarking the phrase "Ice Storm 2010." #
OKLAHOMA BANKRUPTCY LAWYER BLOG – Debt Collectors And Zombie Debts http://bit.ly/cWiDMH #
How Appealing – "Oklahoma high court allows some use of line-item veto" http://howappealing.law.com/012710.html#036828 #
Why is there a bond for schools being considered? Isn't the lottery supposed to be providing extra funding? #
Is it the way Obama handled the economy or healthcare that have his approval numbers down? #
I'm craving some stew. Thursday might be the day to make it. #
I hope the weather's not bad to cancel my daughter's star student assembly & her star student award on Thursday. #
Why does the OKC Roads Dept use DiGiacamo as their only spokesperson? I can't stand the man's teeth. #
My….computer…is…running….so…very…slow. #
State lists 10 high-accident sites in Oklahoma http://m.apnews.com/ap/db_15980/contentdetail.htm?contentguid=DyipZjPH #
Law.com – Newswire – 11th Circuit: 'Sex Specific' Profanity Could Win Harassment Case http://bit.ly/91P9Y7 #
Lowering the Bar – John Edwards Manages to Get Less Popular http://bit.ly/8mAQty #
Law Librarian Blog – Does your password make the top 10 list of most "hack-able?" http://bit.ly/7ZpaQ3 #
Brown: 53%, Coakley: 46%, 60% of precincts reporting. Historic! #
Supreme Court of Oklahoma:FENT v. STATE ex rel. DEPT. OF HUMAN SERVICES, 107116, 2010 OK 2, ___ P.3d http://bit.ly/6sD4nl #
Mediation was a success. Happy to help a deserving client. #
Bankruptcy Law Network – How To Get Out Of Debt http://www.bankruptcylawnetwork.com/2010/01/18/how-to-get-out-of-debt/ | Great basics! #
I have mediation with the EEOC in the morning. Looking forward to getting this done. Now, how much do we ask for? #

Twitter Weekly Updates for 2010-01-31 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Who’s Paying My Bills?

2010-01-29T02:51:57-08:00

An automobile accident is never good. When you’re a passenger in the vehicle, it can be even worse, especially if you’re injured.

Often, the difficult task is determining who’s at fault (your driver or the other driver), and moving forward with treatment. One question I’m asked is "who pays for my medical bills?"

In Oklahoma, your rights to receive treatment and compensation for your medical bills are enormous. Generally, unless you’ve done something to distract your driver, you’re not accountable for any "bad acts." This means that your driver’s poor driving doesn’t effect your ability to recover for your medical bills from his/her insurance, or from the other party’s carrier. You may opt to initiate a lawsuit against your driver or the other party.

When you consult an attorney, he/she can advise you on the appropriate way to handle the claim, and the appropriate individual(s) to make claims against. Additionally, if you’ve added medical payments coverage to your policy, like I’ve discussed, you’re going to have money available to cover some or all of your medical treatment if you have an injury. This is important because it could take you months to settle a personal injury claim.

If you’ve been injured in an automobile accident, and would like to discuss your rights, contact our office at (405) 748-0318 or by email: contact@absolutelawfirm.com. Don’t delay treatment or assistance in representing your interests.

Who’s Paying My Bills? is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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How to Write Your Own Will – Part 3: Content is King

2010-01-20T01:09:13-08:00

In this last post of our series, I’ll discuss some of the standard paragraphs your will should contain. In the last two posts, we’ve discussed the types of wills and the holographic will.

The main purpose of a will is to distribute property to someone or a group of people, or appoint a representative to handle distribution of the property. Therefore, if your goal is to appropriate appoint or distribute, you need to make sure that the provisions of your will appoint and distribute. While the length of the document is not important, what you say is.

I like to think of a will like I think of a story: each will has an opening, appointment, distribution, and closing clause. Each clause serves a specific purpose, and is necessary to complete the whole matter.

The Opening Clause

Your opening clause should contain a title and a direct statement that this is your last will and testament. Like any good story, people want to know what its title is when they pick up a document. You can use a simple sentence like "This is the last will and testament of John Doe"; or a more complex one. Regardless of your style, remember to clearly tell the reader what you’re purporting to create.

The Appointment Clause

You should appoint someone to act as the executor of your estate. This person is your personal representative to handle your affairs when you die. This person will pay your debts, close any accounts you have, and distribute your property according to your distribution clause.

Your appointment clause can be simple or complex, but remember, clearly tell the reader who you’re choosing. You can add multiple successor executors, if your primary executor declines to perform the function.

The Distribution Clause(s)

Unless you want a gigantic argument your relatives over who gets your junk, it’s vitally important you tell your survivors how you want to distribute your property. Remember, the state will split your property equally among your descendants. If you don’t want your estranged brother whom you’re feuding with to take a split, you’d better clearly state that in your will. You may use a sentence like "I have specifically left out my brother John, in making my distributions."

As you prepare, you should make a list of your property and decide who gets what. If you want, you can draw columns on the list and write your beneficiaries’ names next to the item. Remember to reference your list in your will! You may wish to add a sentence like this: "I created a list on January 1, 2010 describing how I want my property distributed, my executor should refer to this list when distributing my property."

If you’re leaving all of your property to one person, it’s much less complicated, but you should still make the particular considerations discussed above.

Your descendants or beneficiaries will have no idea what your wishes are unless you tell them. If you clearly outline your wishes, then you’ll create much less stress for those who administer your affairs after your death.

The Closing Clause

Your closing should be straightforward and simple. Again, let the reader know you’re done appointing and distributing. The most important thing to remember is that your holographic will must be signed and dated. The closing is the perfect place to meet those two requirements.

Finally, as one last reminder, please remember the holographic requirements: written entirely in the testator’s handwriting, signed, and dated. If you’ve done the things we’ve discussed in this series, your beneficiaries will have little or no problems deciphering your wishes, probating your estate, and honoring your memory.

If you’d wish to add additional protections, or if you’d like help drafting your will, you should contact our office at (405) 748-0318. We can discuss in-depth estate planning and trust creation which will help protect your assets, and offer you legal advice for your particular situation.

How to Write Your Own Will – Part 3: Content is King is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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How to Write Your Own Will – Part 2: Holographic Wills

2010-01-20T00:30:36-08:00

In our last post, I discussed the various types of wills. In this post, we’ll talk about drafting your own holographic will. We’ll discuss the holographic will, as opposed to a type-written will, because this is the most common, non-attorney drafted type of will. Again, I like to think of these as "death bed" wills, meaning that most people generally draft these types of documents closer to death.

As we stated previously, the holographic will is written, signed, and dated by the testator (the person drafting the will). The important thing to remember is that Oklahoma, and generally most other states, requires that the testator hand write the entire will.

You should pay particular attention to the writing requirement, because the will is invalid if any portion is not in the testator’s handwriting. If there’s an invalid will, the laws of intestate succession apply. Any provisions which you thought you’d considered no longer apply. Your state’s statutes prevail, and your property gets divided according to your state’s laws. In some cases, these may not be the people you’d choose to get your property.

You may sign and date the document anywhere you choose. These are not as important as the writing requirement, but the three elements must exist together on the document if you want to have a valid will.

Most people, intentionally or not, have drafted some sort of holographic will. I remember as a young boy I’d pretend to draft our Last Will and Testament" where my entire baseball card collection would get delivered to my brother or best friend upon my death. I’d use a simple sentence like "I give my baseball card collection to John", then sign and date the document, and deliver it to my friend. This is an example of a valid will.

However, the wills I created as a child lacked one important element: capacity. Regardless of the type of will, it cannot be valid unless the testator has capacity to create the document. In Oklahoma, any person over 18, in a good mental state, has capacity to create a will.

It’s very important to remember these specifics when you’re creating a holographic will. In our final part of this series, we’ll discuss what content you should include in your will.

How to Write Your Own Will – Part 2: Holographic Wills is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Open Access to Courts

2010-01-20T00:13:27-08:00

The Oklahoma Supreme Court released its second opinion of 2010, and boy was it kind of a shocker to me.

The case is Fent v. State ex. rel. Department of Human Services, 2010 OK 2, and addresses the issue of whether 28 O.S. § 152(D)(E) and (F) as well as 28 O.S. § 152.1(B) are constitutional because the statutes require a portion of fees paid to the court clerks in civil actions be credited or deposited to the accounts of certain non-judicial programs.

Mr. Fent argued that any fees charged in civil cases which were credited to non-judicial programs, in this case the Department of Human Services and the Attorney General’s victim’s fun, were unconstitutional because they denied litigants access to the courts. The Court agreed with Mr. Fent, holding that "the open access to the courts is violated if persons seeking to litigate in court are assessed and required to pay for programs that have no relation to the services being provided or to the maintenance of the courts. While litigants should certainly have to bear a portion of the costs of operating the courts, they should not bear the burden of funding unrelated state programs."

The Court analyzed the rulings of other states, and prior holdings, noting that in some instances any fees charged were for use in maintaining the courts or court system. The Court reasoned that:

These three programs, while laudable, are not related to services provided by the courts for which reimbursement to the State is permitted by imposing fees on those making use of the courts. These three programs are not for the maintenance or support of the court system, nor do they defray expenses of the court system. Though such programs may indisputably be worthwhile, and the provision of such services necessary, they do not serve a judicial or even a quasi-judicial function . . . . The three programs are social welfare programs under the operation of the executive branch of government. The worthiness or the desirability of these programs is not the issue before the Court today. These programs have been deemed worthy of creation by the legislature. It is the funding of these programs through the use of fees imposed on litigants that is impermissible. The legislature has imposed a fee or tax on those making use of the courts and has directed the court clerks to deposit those funds to the credit of these programs. The challenged statutes require the judicial branch of government to collect monies to be used to help fund social welfare programs operated by the executive branch of government. The courts may not be a tax collector for the executive branch of government.

Now, really we’re only talking about $33.00, hardly a significant sum. However, when you compare the fee to the overall cost of filing a case, the removal of this fee could reduce the cost of filing a lawsuit. Currently, the fee to file an action over $10,000 is $205.30. If you remove the 33.00 fee, now you’re talking about a cost of $172.00 to file a lawsuit. This is a generous savings to the Plaintiff, meaning that when and if a recovery occurs, more money returns to the party instead of to costs.

Unfortunately for prior litigants, the Court’s decision doesn’t require court clerks to refund money. However, for any future filings, the cost of the litigation will decrease.

I believe as the Court does, and that although some worthwhile programs miss out on the funding this provides, it is the legislature’s duty to fund these sorts of programs, not the injured individual who files a cause of action.

Open Access to Courts is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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How to Write Your Own Will – Part 1: The Types of Wills

2010-01-18T03:49:00-08:00

Over the past few weeks, I’ve seen a lot of people come to my office seeking advice regarding wills, or asking to probate a loved one’s estate. The most difficult, and sometimes frustrating thing, is that in some of the cases, these relatives could have saved thousands of dollars, had the deceased properly executed their will.

Contrary to many assumptions, it’s not necessary to hire an attorney to help write your will. Websites, such as LegalZoom.com, show that you can draft a will without paying the expense of an attorney. Of course, it’s always better if you use an attorney because the attorney will help you specifically match your needs to the will, or offer you advice regarding legal issue that might arise. Note too, Absolute Legal Services, LLC, ocassionally offers a pretty sweet basic estate planning package for $50 per person (basic will plus attorney), that can give you assistance.

Hopefully, this short series will help you ascertain enough information about Oklahoma statutes to help you draft your own will, and draft it properly. As always, if you’re seeking help drafting and executing a will, please contact our office at (405) 748-0318 or at contact@absolutelawfirm.com, to discuss your estate planning issue.

Generally, when people think of a "Last Will and Testament," they think of two types of wills. The first is the self-proving will, the second is the holographic will. There are also the nunculpative will, which is a verbal will witnessed by two people, and only deals with the verbal distribution of property.

The self-proving will is named such because the will contains elements that prove or verify its authenticity. This is the strongest type of will because it contains provisions that help to ensure authenticity. The Oklahoma statutes outline the requirements for the self-proving will.

The second type of will is the holographic will. This is a common type of will, which I refer to as the "death bed will." In most situations, individuals who draft these types of will are mindful that they may soon die, and wish to distribute their estate. In Oklahoma, the statutes require that the will is written, signed, and dated by the testator. This means everything.

I’ve seen a fair amount of "holographic wills" that purport to be valid, which a testator took from a fill-in-the-blank form printed from the internet. In Oklahoma, these are not valid wills. As the statute clearly outlines, the will must be "entirely…by the testator."

I hope you have a quick sense of the two common types of wills. In the next post, I’ll be discussing how to draft your holographic will. Until then, I will encourage you to check out these posts (here, here, here, and here) where I’ve discussed the importance of proper estate planning. Remember, even though you can write your own will, only an estate planning attorney can give you the legal advice necessary to keep your heirs from increased legal hassles.

How to Write Your Own Will – Part 1: The Types of Wills is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Twitter Weekly Updates for 2010-01-17

2010-01-17T21:11:00-08:00

Derek Dooley introduced as Tennessee football coach
http://usat.me?37279270 // He's a licensed attorney (probably no longer practicing). #
Do you agree with this political tactic? http://bit.ly/5qODcH I think it hurts a campaign to not discuss the issues, especially now. #
I wish I could convert on the $50MM reward for Usama Bin Laden. That would pay a lot of bills, for a long time. Is the money taxable income? #
Senator Harry Reid faces 'big trouble' in Nevada race
http://usat.me?37273710 // Wish I was in Nevada. #
Law.com – Newswire – Grow Your Legal Business by Using a Personal Touch http://bit.ly/6twuoR #
My Shingle – A Travesty of Justice in Colorado: Lawyer Suspended for A Year and A Day for WINNING His Client's Ca http://bit.ly/6MKUjm #
Jim Calloway's Law Practice Tips Blog – Do-it-Yourself Lawyers http://bit.ly/4LUPjj // Such a grat article for anyone. #
What's your thoughts on McGwire's confession? Is it worse than Pete Rose's act? Me: yes; cheating should me no awards, no Hall, no respect. #
I have a hard time granting Americans' rights to those terrorist who try to kill us. Nothing personal, but I dont think Bataan was a vacay. #

Twitter Weekly Updates for 2010-01-17 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Keep Your Mouth Shut

2010-01-17T04:44:05-08:00

The Fox show, Cops, is one of my all-time favorite programs. It’s the original reality show, and each time I watch I’m usually speechless. Most of the time, I can’t believe how much information the charged individual is telling the arresting officer. I’m sure most of the people have been arrested before, so I’m sure they’re not afraid of the consequences, and probably know more about the law that you do.

However, unless you’re being pulled over for a "simple" speeding violation, it’s in your best interest to keep your mouth shut. For one, if you are eventually charged with a crime, any information or confessions you give the police can and will get used against you in the prosecution’s case-in-chief. These types of admissions are called admissions against interest, meaning you wouldn’t confess to committing the crime, unless you’d actually committed the crime. The police officer will testify regarding your statement.

What about "hearsay" you ask? Doesn’t apply. Admissions against interest are exceptions to the hearsay rule, and therefore, admissible. Strike one, you’re out! Your attorney will work hard to keep that information from being part of the criminal trial, but there’s no guarantee.

The second reason you never want to talk to the police is because the officers can use any information to form reasonable suspicion, which is necessary to search your vehicle, person, or residence. By confessing to a crime or criminal activity, you’re only enhancing the officer’s necessary information. If you say nothing, there’s a later viable objection that the search or information obtained against you was "poisoned."

Third, cops can lie. This was a shocking revelation to me when I went through school. I had a naive belief that a police office must tell you the truth when he or she questions you regarding a crime. That simply isn’t true. The police may use anything lies or else to get you to confess to a crime. These lies may include false statements about evidence, accomplice confessions, or witnesses.

If you’re facing a criminal charge, it’s important to remember that you can, and must, assert your Constitutional right to silence. Any "innocent" statement, can have some drastic consequences in the end. You must assert that you will no talk to the police about the current crime, or any other crimes, without an attorney present.

Keep Your Mouth Shut is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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