Monthly Archives: November 2017

Deciding When Lack of Capacity Exists

When a dispute exists concerning a person’s will, one of the most common questions is whether that individual had the capacity to create the document in question. It is often quite difficult to challenge a will. Unless it can be demonstrated that the individual had a lack of capacity, a challenger will be unlikely to raise a strong case. In deciding whether a person lacked capacity to create an estate planning document, it is often vital to review a person’s medical records. If you believe that a person lacked the capacity to create a will and now wish to challenge the document, it is important to understand exactly what lack of capacity in Oklahoma estate planning means. Many individuals also discover that it is just as important to obtain the services of a knowledgeable estate planning attorney. What Constitutes Lack of Capacity A person’s mental capacity encompasses that individual’s ability to make rational decision and to process information. A person who has a lack of capacity often experiences difficulty analyzing details. Why Lack of Capacity is Unique There are many medical conditions that can result in a person experiencing lack of capacity. Some of these conditions include Alzheimer’s Disease and     Read More

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Seven Signs that Joint Tenancy is Right for You

There are several ways in which a person can retain interest in a piece of property in the state of Oklahoma. Depending on the facts surrounding property ownership, a person should make a determination about what piece of property is right for him or her. One of the most common types of property ownership, joint ownership, refers to when two or more individuals retain ownership rights in a piece of property. This article will review some of the reasons why joint ownership of property might be right for you. The Survivor Element of Joint Ownership In joint tenancy properties in Oklahoma, when a co-owner dies, that person’s property interest passes to the surviving owners. While some people might be okay with this type of property arrangement, other individuals are not. Despite this feature, it is important for property owners to remember that joint tenancy is not a substitute for a will. A will is required to dispose of any other types of ownership rights that might be associated with this property. Ownership Rights can be Transferred to Third Parties If a property owner transfers his or her title to another person, the purchaser obtains only an undivided one-half interest in     Read More

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