Tulsa Will Attorney

A will is a legal declaration by which a person (the testator, or the person making the will) names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. Although a person may draft his or her will, the legal consequences of an invalid will can create uncertainty and unintended results during probate.

Ms. Schmook can assist you in drafting your will to ensure your wishes will be honored. No person wishes to think about his or her demise, but in order to ease the burden on family and have property distributed according to your wishes, planning ahead is a key factor.

Naming an executor who will be tasked with distributing the estate

The executor/personal representative is the person named in a will or appointed by a court to wind up the person's financial affairs after death. Basically, that means taking care of property, paying bills and taxes, and seeing to it that assets are transferred to their new rightful owners. If probate court proceedings are required, the executor must handle them or hire a lawyer to do it.

Naming a guardian for your children, if applicable.

If your children are young, you have probably contemplated who would raise them if for some reason you or another parent could not. With a simple arrangement of your guardian in your Will, you can rest assured your children will be cared for in the event you are no longer living.

What if you die intestate-- without a will?

The probate court will appoint an administrator if one is needed. But how does the court, without guidance from a will, choose someone? The intestate rules for property distribution come directly from the Oklahoma statutes. Specifically, the Oklahoma intestate rules choose an executor for the estate in this order of priority:

  • Surviving spouse or a person the spouse nominates
  • Children
  • Mother or father
  • Brothers or sisters
  • Grandchildren
  • Next of kin entitled to inherit under state law
  • Creditors
  • Any legally competent person

If an Oklahoma resident dies without naming an executor, the surviving spouse is first in line to be appointed as administrator. In essence, the surviving spouse stands in the place of the deceased person.

If you have questions regarding a will, contact Tulsa Will Attorney Sara Schmook for a free consultation.