There’s rarely a time in one week when I have the same question about the same topic. The question is: does a will help me avoid probate?

Generally speaking, no. The only sure way to avoid probate is to create a living trust.

Probate is the procedure states use to administer a deceased person’s affairs. Probate is the court-supervised process of appointing a personal representative and directing the distribution of a deceased individual’s property and affairs.

The advantage of having a will or testamentary document is that the probate process is shortened considerably from the normal process. In cases where a deceased person has a will, the court follows the individual’s desires and directs the personal representative to handle the affairs in accordance with the will. Without a will, probate could last for years as potential beneficiary squabble or miniscule matters.

The living trust is a separate item all together. The living trust is a super-hybrid of the probate process and the will because the trust functions in a similar way as judge and personal representative. Having a trust helps speed the distribution process along all because the trustee (or successor trustee) distributes the estate as designated in the trust.The trustee holds the property separately from him/herself, therefore distribution of the property occurs quickly and easily, and rarely with judicial involvement.

While there are some formal papers that need to be filed with the county court and other county offices, there are no court proceedings.

The distinct difference between the general will and the living trust is the way which the  deceased individual holds the property.

If you’d like to discuss your options, and the advantages for you, please contact our office.

Without a will, you’re SOL! To put it simply, a will is like having Superman as your deathbed protector. The will is more powerful than anything else, and gives you the ability to decide what you want. Without a will, you’re leaving a lot of decisions to fate.

Oklahoma has specific statutes regarding the distribution of your property upon your death. Some may be favorable, but in general, most never quite execute themselves like you want.

In California, we’re seeing a great example of some of the problems associated with poor estate planning. Surprisingly, the death of Michael Jackson (see a copy of MJ’s will), is reiterating why you need a will, and more importantly, why you need to let a lot of people know you have a will.

The will allows you to direct the distribution of your assets and the care of your children. It’s tragic when one’s poor planning causes such commotion and turmoil.

I recently met with a couple who were looking to dispute statutory provisions because their deceased relative desired something different. The relative never signed a will or other testamentary document, but rather made several expressions and desires regarding her wishes. The couple wondered whether a cherished piece of land could be recovered from an uncherished relative. Sadly, I advised that the likelihood was slim and the cost to attempt the change was great. The couple left my office discourage and wondered whether "the law" had failed them.

Quite simply, the law had not. The relative’s disinterest in properly allocating her property caused the commotion. The properly executed will can prevent any hardship and arguments regarding the distribution of property.

If you’re interested in a full estate review, please contact our office: (405) 613-6094.

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"I‘m sorry." These are quite simply the two greatest words in the English language. Sure, there’s other words that are functionable, but few other phrases contain such power and efficiency as hearing "I’m Sorry."

As a newlywed, I learned quite quickly that, "she’s always right", and even more quickly that the easiest way to diffuse a situation is to say, "I’m sorry." It used to make my wife even more mad when I’d apologize during the middle of a "heated argument." As our angers soared, using an apology, and an acceptance of wrongful behavior quite easily ended the argument. What’s more, we often found that we were able to communicate much better if we had someone who was willing to take some initial blame and apologize.

Like my fights at home, sometimes legal issues could resolve themselves quickly if one person willingly accepted blame for his/her behavior, and found a way to compromise. I’ve heard several clients tell me that all they really wanted, before filing a lawsuit, was for the defendant to accept responsibility.

I recently dealt with an issue involving two people whose feelings and pride were injured after a falling out. Neither party was willing to back down, and both sides lost money, friendship and time from the event.

I’ve often wondered, as we hear so much talk about "tort reform", how much money would be saved by insurance companies, medical professionals, and individuals by just acknowledging a problem, and apologizing for the outcome. Real tort reform may just be a matter of exercising a little humility first.

I had a discussion this week with an individual who is starting his own business. Since I dabble a bit in the electronic/tech arena, he questioned me about software, hardware, and computer systems.

His initial question, and the fodder for this post, was about a "friend" who could give him "an evaluation copy "of a software package, which would spare him from having to purchase the real one, "at least until he could afford to." Obviously, or it should be, this is software piracy. If you’re using a "licensed" or "cracked" product without legitimately purchasing the product, you’re participating in software piracy.

The good news is that software companies are unlikely to enforce or prosecute these types of cases, because arguably, the moment your purchase the software, you’re no longer violating the copyright law. There may be some consequential penalities for your violation, but these are usually small and not worth the time, effort, or money to prosecute.

Apparently now, what you must be wary of is misuse among your employees of the internet services. With this week’s recent verdict in the RIAA case against a woman for $1.6 million, you should take active measures to eliminate any potential liability. This same advice holds true for personal internet use on work computers, especially pornographic or other misuse.

What makes this even more concerning is that many small business owners potentially expose themselves to personal liability by personally guaranteeing their business internet accounts.

It will be interesting to see the results in the RIAA case, and to see whether they pursue other individuals. Hopefully the other individuals are you and your business.

• I'm green for Iran! #
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• Just finished a show cause hearing that ended up lasting for 3 hours. That's a good way to get some in-court experience. #
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• Have you noticed how many news reports are talking about increased government control, without the increased rights? #
• Heat guns, air compressors, jewelry recalled

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• LOVE 3.0!!! #
• I'm really actually tech-savvy, but I just can't get iPhone 3.0 to install….enter the right account password, and it works!! #
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• Any suggestions? #
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• Iran's Revolutionary Guard warns online media

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• Sudden summer school for SoCal grade school kids

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• RT @LawyerGina: LegalZoom is the bane of my existence. Just b/c Shapiro appears in the commcl's doesnt mean he's overseeing ur transactions. #
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• Installing the TweetDeck app. Am I going to regret paying for a #twitter app after this? Probably. #
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• Tiger Woods: What makes his swing one of the best?

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• Russia challenges dollar, China offers loans

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• RT @shawnJroberts: The Bachelor/Bachelorette may be the trashiest show on TV. Agreed! #
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• Read a pretty depressing article in #ParentsMagazine about suburban homelessnes – hardworking families who lost their homes. #
• AP IMPACT: Weak security enables credit card hacks

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• Dog doesn't just say no and gets 'stoned' at park

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• Iran supreme leader orders probe of election fraud

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• Doing some preparation for a deposition tomorrow. #
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Tired of having your business fax machine clogged by faxes regarding vacations, health insurance, and drug supplements? Well, the Oklahoma Supreme Court finally held that individuals may sue the senders of unsolicited faxes or phone calls in state court based on the provisions in 47 U.S.C. §227.

In MLC Mortgage Corp. v. Sun America Mortgage Co., 2009 OK 37, the Court recognized a private right of action, based on 47 U.S.C. §227, to sue senders of unsolicited faxes.

While this certainly won’t amount to windfall profits for plaintiffs seeking to recover (the statute limits penalties to $500 per violation), there may be some potential for class actions and other violations.

Although the Court has relaxed the requirements, there is still the requisite that the individual or business meet certain particular qualifications.

If you or your business are receiving an overwhelming number of faxes or unsolicited telephone calls, contact our office for a free consultation regarding your rights.

I received my first credit card when I was 22 years old. Until that time, I didn’t know what a credit card was, other than to say that my parents had one because they had jobs, a home, and a car.

In fact, I think I was so naive about the credit process and the use of credit cards because my parents told me of their tragic plight in 1980 of trying to get Sears, Montgomery Ward, and JC Penney to lend them money. The fact, they told me, was that they could only get approved for a $500 credit limit by one store.

How times have changed! I think my first card, I believe Circuit City, had a $2,500 limit, and now I have 3 cards with $10,000-plus limits. I think it’s a tragic aspect of society.

I wanted to highlight this article by Michelle Singletary, that basically puts things back into perspective. Ms. Singletary attacks some of the basic stigmas we’ve come to believe, and helps us realize the importance of having (and exercising) common sense in regard to credit. Ms. Singletary points out that the new credit restrictions will  (hopefully) have some profound effects on the deceptive practices used by credit card companies.

I think, as Ms. Singletary notes, we’ve replaced the adage, "use it up or do without" for the "now thrill."

Well, after weeks, months, or years, your attorney finally told you that you’re getting your settlement check. Now the question is, "who gets how much?"

The amounts and distributions are mandated by state and federal laws. Generally, the order of preference goes as follows:

1. Attorney fees & costs
   
2. Medical liens and medical bills
   
3. Insurance subrogation
   
4. Child support obligations
   
5. You
   

Numbers 2, 3, and 4 are equally important, and carry the same weight for consideration/payment. The thing you must be conscious about is having enough money to satisfy the previous obligations.

Remember, you’re always in control of the decision to settle the case. Your attorney will advise you of the appropriate time, and should give you a breakdown, or at least an estimate, of the current fees and costs to the point. This should give you some insight into the value of the settlement offer. Beware though, if you’re too greedy, passing on a valuable settlement amount could cost you when you’re probably going to need to double the offer for a victory at trial.