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Shawn J. Roberts

Shawn Roberts’s Answers

9 total

  • I was awarded half of his 401K and a settlement. I recieved the settlement, but I still have not recieved the 401K rollover.

    How do I get the money from our 401K that I was awarded? He doesn't think I can do anything about it. What do i do from here?

    Shawn’s Answer

    It sounds like you need to talk with an Oklahoma attorney who can advise you on what do to carry out the court's order.

    If you will email me (sjr@shawnjroberts.com), I will give you the names of a couple of Oklahoma City-area attorneys that may be able to help you.

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  • I hired a roofing contractor, he didn't finish the work, I told him I would sue. I did some research and contacted

    the state and foudn out that the company that he said he owned is owned by someone else who fired him more than a year ago and he was given a cease adn desist order from using the company name and saying he was affiliated with the company. The com...

    Shawn’s Answer

    You definitely need to talk with an Oklahoma attorney. I am one but if you don't follow up with me contact someone in Oklahoma that can go over the issues and sort out a plan for addressing the problems.

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  • In a living trust, if I add or remove funds from accounts do I need to change the Trust?

    I've left all monies from these 3 account to my son.

    Shawn’s Answer

    If you are simply adding or removing funds from an account owned by your revocable trust, you shouldn't need to make any changes to the trust.

    If you want to talk a little more about this issue, I am an Oklahoma attorney and I am happy to set up a time to talk with you.

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  • In my Living Trust, if I leave 100% of money I received from inheritance to my son but I'm married will it still go to my son?

    I put in the Trust that money from these 3 accounts go to my son and that if he is deceased they will be divided 3 ways. I just want to know if being married changes that?

    Shawn’s Answer

    It would be wise to make an appointment with an attorney and discuss this issue in more detail.

    Because you are married, your spouse has a right under Oklahoma law to receive part of the property that is considered "marital". If the property is "marital" regardless of whether you put it into a trust or other account, it is going to be subject to your spouse's right to receive part of it (assuming there is no pre-nuptial agreement).

    Check out my blog post that is linked to this answer for basic information on the spouse's right to inherit marital property.

    The key questions you will want to discuss with the attorney you hire are:

    1. What property in your estate is marital and what property is separate?
    2. Whether you need to create and/or change your estate planning documents to address the property that you would like to go to your son.

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  • How do I avoid probate on my estate ?

    I am a single parent with one child. All my money,savings, checking and home are in my and mine and my daughters name. Is this adequate ?

    Shawn’s Answer

    It is hard to say whether what you have done will be enough without more information.

    The key point is that your property (both real and personal) must be set up to transfer upon your death. For example, if two people own their home as "joint tenants with right of survivorship" upon the death of the one of the two people, the surviving person will be the owner of the whole property, without having to go through probate.

    I have blogged about the issue of avoiding probate and related items on my blog. You can find some of the posts in the links I have attached to this answer.

    I am an Oklahoma attorney located in the Oklahoma City area. If you would like to set up a time to talk, please email me.

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  • What are the restrictions of an estate with a person who has gaurdianship

    If a person has gaurdianship over an elderly person & that person passes away, is there a time period that person has to start selling the deceased personal belongings & property?

    Shawn’s Answer

    I think the answers from the other attorneys are generally on the right track. There are several Oklahoma statutes that set out what a guardian can and cannot. These statutes also explain what a person who the ward (the person for whom the guardian is appointed) can do.

    I practice law in Oklahoma and I am familiar with these issues, please contact if you would like discuss any of these things.

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  • How long should it take a lawyer to start the probate process?

    We met and payed a lawyer over 5 months ago to start the probate process. He ignores our phone calls unless it is from a number he doesn't recognize. When we do get ahold of him from other phones we get the same answers over and over and the will ...

    Shawn’s Answer

    I agree with everyone who has responded - there is problem. The attorney should be communicating with you, including returning your calls and if there is a reason why the probate case has not been filed, explaining that reason. In a lot of cases, the probate process would actually be *finished* in five months.

    I do probate law in Oklahoma. If you have any questions, please feel free to contact me.

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  • I need some information about a Power of Attorney?

    I need to know, in the state of Oklahoma, in Oklahoma County, does a Power of Attorney document have to be filed in the courts, or signed by a Judge in order for it to be a legal document?

    Shawn’s Answer

    A power of attorney does not have to be filed with a court or signed by a Judge to be legal in Oklahoma. Creating and signing the power of attorney in compliance with Oklahoma law makes it effective.

    In some cases, a power of attorney that effects real property must be recorded with county court clerk in the county in which the real property is located to make the power of attorney as to the real property.

    Shawn

    www.shawnjroberts.com

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  • I need to file legal guardianship for my elderly mother. Her present caregiver is an alcoholic & mismanaging her estate.

    I have siblings and there is a living trust left by my father before his death naming each one of them in succession. I am not included in this trust. None of my other siblings are contributing to her care as they suffer health issues of their ow...

    Shawn’s Answer

    I practice in the Oklahoma City area and I will share a few thoughts.

    Generally, you start the process of guardianship through filing a Petition for Appointment of Guardian in the county district court where your mother lives. You will want to be appointed guardian over both her "person" and "estate." It sounds like it could be Cleveland County in your case.

    To have the Court appoint a guardian, you will need to demonstrate that your mother is "incapacitated." Usually this is done through the testimony of a doctor who has examined the person.

    If there is someone nominated by mother to be her guardian in a written document, then that person will receive very strong consideration from the Court. If no one is nominated, there is a statute that determines the order of right of appointment as guardian. Siblings are generally on the same level (same rights) after spouses. That is, you would have no greater or lesser right than your siblings. However, if you take the initiative to file the Petition, you probably have a bit stronger argument with the Judge to be appointed.

    If I can do anything to help, please feel free to contact me through my website www.shawnjroberts.com.

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