The Roles are Flipped, You Need Information:

When you were young your parents found ways to protect and provide for you.  As your parents age they increasingly need your care.  You need answers including legal realities.  This article and the audio content describes the type of information you need to receive.  It also provides practical tips to create open communication.

Dynamics of Communicating with the “Silent Generation”

People born before 1946 are known as the “Silent Generation”.  Their world was shaped by the Great Depression, WWII, The Cold War and the Civil Rights Movement.  They are often described as less open with personal issues including health and finances.  They value simple concepts and rarely view themselves of wealthy regardless of their net worth.  “Waste not want not” means much to them.  Listen Here

What To Do When The Divorce Doesn’t Work Out

You get a divorce then reconcile.  You might want to get remarried.  However, there is another answer you can also have the divorce vacated in Oklahoma.  This is available if:

1. An Oklahoma Court issued the divorce;
2. Both parties agree; and
3. Neither of the parties have married a third person since the divorce.

Social Security Rules Regarding Divorce and Benefits:

Generally:  If divorced, in order to be eligible for Social Security Benefits you must have been married 10 or more years and not be remarried.  But if the divorce is vacated, social security considers it as follows, “Because the order vacating the divorce decree stated that the divorce was set aside, vacated, and held for naught, the divorce was reordered a nullity, as if the parties had never been divorced.”  See ruling.  If either spouse was previously been married, it may be more advantageous for Social Security benefits to remain divorced.  See Rules.

How To Vacate a Divorce:

Sign a Joint Petition

Attach Affidavits

Present Order to Judge.

Start Here, Vacation of Divorce Form

Mom or Dad Signed a Transfer on Death Deed, How Does This Work?

Start your claim form here.

First Question:  If all the persons signing the Transfer on Deed are now deceased keep reading.  If not Click Here

You have only 9 months after the last signor died to file an acceptance affidavit.  If you don’t complete the affidavit and file it within that time, then the normal probate rules apply.  Luckily, the form is fairly easy to complete and you will need just three things:

Do I pay taxes to make the transfer?

  Oklahoma does not have an Estate or Inheritance Tax. Federal Estate taxes for someone who died in 2018 don’t apply unless the total estate was more than $11 Million.  This does not trigger income tax if you are inheriting from a family member.  There are not filing taxes just a small filing fee.  Real estate does have an annual property tax.

What if there is a lien or mortgage, will I become liable for that?

  An existing lien or mortgage will continue on the property but you will not become personally responsible for it.  If you sell the property the lien holder will get paid from the proceeds.  You can also pay off the lien.

Things you need to claim property under a Transfer on Death Deed:

1. A copy of the Transfer on Death Deed.  You do not have to have the original because you only need it to obtain the following information:

   1. The date it was signed;

   2. The date it was filed with the county clerk;

   3. The Book and Page number that the county clerk assigned to it; and

   4. The legal description of the property.

2.  certified copy of the Death Certificate.  State of Oklahoma Death Certificate request.

3. An Affidavit of Grantee Beneficiary Obtain form Here   Price $149

4. A check to County Clerk for Filing.  (usually $17-$21)

After the Affidavit of Grantee Beneficiary is completed it must be filed in the county where the property is located with a certified copy of the death certificate.

Families with a member with a disability, receiving SSI income or has special needs should pay particular attention to their estate plan.  This short presentation will discuss ways to protect the inheritance as well as income and benefits.

Who should attend?

• Parents

• Grandparents

• Spouses

• Children

• Advisors

 Who Can Benefit from the Planning?

• Early onset

  • such as Downs Syndrome, Autism, Muscular Dystrophy, and other physical, psychological or emotional disorders.

• Later or adulthood disabilities

  • such as physical injuries, substance abuse, strokes, Alzheimer’s, Parkinson’s or nursing home residents.

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Those suffering with physical or mental disabilities can benefit from a Special Needs Trust.  In this workshop you will learn why they are important.  You will also see how an inheritance may cause somebody to be become ineligible for vital government benefits.

For example, a person who inherits directly may lose SSI income, Medicaid benefits, food stamps or housing subsidies.  But with a Special or Supplemental Needs Trusts those benefits can be preserved.

Persons with mental or physical disabilities may fall victim to creditors or predators.  Learn how a Trust can protect them.