Probate is the legal process of settling a deceased person’s (“Decedent”) last issues (debts owed, taxes due, who were his heirs, what property was solely his on death) and then distributing all remaining property to the heirs at law, or the persons named in the Decedent’s valid Last Will and Testament. The process is usually viewed as a necessary evil and takes anywhere from six months to two years to complete with the Court and attorneys usually in control throughout.

But probate can be avoided, all it takes is some planning while you are alive.

A revocable living trust is the most effective way for a family to avoid probate after death. An individual places assets in a trust, and all assets within the trust avoid probate. The trust passes on to the persons named by the creator or grantor. This technique, when properly maintained, allows all property to skip probate, and allows the grantor to ensure his guidelines or restrictions last well after he passes away.

Payable on death designations on banking and financial accounts (and now real estate in Oklahoma) allow a person to designate a beneficiary to receive the particular asset. This allows the property to go straight to the named beneficiaries without court involvement.
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Joint tenancy with rights of survivorship is perhaps the most commonly used estate planning technique. This involves naming another individual (or more) as a current owner on property, but also stating that if you die, your interest in the property automatically transfers to the other named joint owners. This is commonly used between husband and wife and works well, but it really is just a way to delay probate, not to avoid it.

Gifting property is another way to avoid probate. I met with a nice family just today that wanted to know what all they had to do to probate their mom’s estate. My first question to them was, “What property did she have in her name when she passed?” Their answer was only a checking account, but it was POD to the daughter. She had gifted all of her other property (house, land, other cash) to her children about a year before. They were happy to hear that a probate was not needed, because there wasn’t any estate to be administered.

All of these options have positives and negatives. Some of them, in my view, have way more positives (the revocable living trust), and some have way more negatives (joint accounts subject your property to other owners’ creditors). The best way to know what is best for you and your family is to come in and talk with a qualified estate planning attorney.

Just a reminder to everyone in Altus, Hobart, Hollis, Frederick and southwest Oklahoma, that the law offices of Brent S. Howard, attorney, offer the most affordable and time efficient probate services in the area.

Generally, if the estate only has a few items in it and the value is less than $175,000, my office will prepare all items for the probate or administration for a flat fee and can have the probate completed within seven weeks. (This is if there are no issues that arise, like siblings fighting or valuation issues.)

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If you live out of state, then call my office at 580-318-8829 or email to the link in the upper corner and discuss what options are available for you and your family with a no-cost consultation.

I will be out of the office the remainder of the week. I will be going on my final tour with the Oklahoma Ag Leadership Program (OALP). Our Class will be leaving from Stillwater and traveling to Claremore, Vinita, the Port of Catoosa, Adair, and Tulsa for three days of agri-touring. cialis properien Available in a number of forms like tablets and jelly, Kamagra Jelly is however, more popular with the users. These are marketed as the at-home alternative to the more expensive in-studio approach. prescription de viagra These days, more and more people are opting for shortcuts other than cheap viagra no rx taking a drivers’ Ed Colorado. The excessive intake of alcoholic drug, the side effect of some medicines, the excessive masturbation in the boyhood, the aging process, and the side effect of any medicine etc. are the main causes of erectile dysfunction. viagra online doctor After this session, there is only one more left prior to our overseas trip to South Africa in February.

If you need anything while I am out of the office, please send an email or leave me a voicemail and I will try to address the issue as soon as possible.

By now, we all know of someone that has been affected by the government shutdown and those of us affected know that it is an inconvenience. However, it is bringing some things to light on the amount of misuse in the government. I wanted to highlight a few of the numbers that I found most shocking as a taxpayer.

There are roughly 2,000,000 federal government workers. Of those, there were approximately 800,000 workers that were deemed to be “non-essential” and were furloughed. A significant number of those have been called back to work.

The government has been operating for two weeks now and with the “shutdown” roughly 83% (possibly up to 87%) of the government is continuing. This equates to roughly a $600 Billion savings in spending, if it were to last an entire year, leaving the government still spending nearly $3 Trillion, even if the “shutdown” lasted a full year.

The following agencies have furloughed more than 90% of their workforce:

• Internal Revenue Service – 91% about 86,000 employees - But really only taxpayer advocates and advisors. The auditors and employees who secure liens are still on duty as “essential for protecting property” (liens) of the government.
• Environmental Protection Agency – 93% about 15,000 employees – Can’t say that these furloughs should not be permanent given the regulations they are trying to pass.
• Housing and Urban Development – 96% about 8,300 employees - The federal government competing with private markets to ensure low-income housing in expensive cities.
• Department of Education – 94% about 4,000 employees – Because “No Child Left Behind” cannot administer itself.
• Securities and Exchange Commission – 91% about 3,500 employees – And even without big brother looking over the market’s shoulder, it has improved and no one has absconded with Grandma’s retirement.
• Equal Employment Opportunity Commission – 95% about 2,050 employees – If government just pays everyone not to work (see the rise in disability claims/payments), then there is no need to pursue discrimination actions.
• FCC – 98% about 1,700 employees – Radios, TVs and Internet are all still working.
• National Labor Relations Board – 99% about 1,600 employees – Even the President has now said that workers cannot just stop work and shutdown a factory to have their demands met. This may be a permanent layoff with the new line of Democrat thinking.
• Energy Regulatory Commission – 97% about 1,400 workers – If these don’t come back soon, who will shut down coal electric plants so we have to pay more for renewable energy and blackouts?
• Commodity Futures Trading Commission – 96% about 650 workers – I have a friend that just left a position here, just in time, too. Again, the commodity markets are still running and trading.
• Consumer Product Safety Commission – 96% about 520 workers – Because the threat of civil litigation if there is product liability is not enough to deter marketing knives to toddlers.
• Export Import Bank – 97% about 370 workers – I am not familiar with this entity, but I have not seen reports of a huge run by other countries against our products, just the worry of default, which has been agreed by both parties, should not happen.
• National Endowment for the Humanities – 96% about 520 workers – A much better alternative is your local theater, seeing a favorite band, or going to Broadway. The private sector wins again.
• National Endowment for the Arts – 96% about 150 workers – Who will fund artists that place a crucifix in a jar of urine now?
• Defense Nuclear Facilities Safety Board – 90% about 100 workers – I am against this. I think that nuclear power/arms need to be inspected and secured.

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A few other numbers I wanted to share:

• The White House and President is only operating on a skeleton staff of about 450 paid employees. This is about 25% of the normal staff. President Obama has had to do with out the Assistant to the Assistant Travel Liaison and will have to have meals catered by only four chefs, instead of the 22 normal chef staff. This furlough number does not include Secret Service and other essential, safety workers, just the White House staff. A cut of 75% as non-essential!
• The lowest workers cut were from the Department of Vetrans Affairs (4%), the Air Force Retirement Home (13%), Homeland Security (14%), and the Justice Department (16%).

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