probate attorney oklahoma city

Benefits of Estate Planning

A large number of individuals think that only the very rich need to focus on estate planning. This is just one of several popular misconceptions about estate planning. In reality, all types of individuals can benefit from making a plan for their assets after their passing. To make sure that your assets are properly distributed after your death, it often proves essential to obtain the assistance of skilled legal representation. It is also beneficial for individuals to understand the numerous benefits that can be created by estate planning. The Particular Benefits of Estate Planning There are some particular benefits of estate planning, which include the following: Avoid Probate: The probate process can result in a person’s estate being delayed as well as additional fees being incurred. Through the use of proper estate planning, however, individuals can entirely avoid this process. Blended Families: In situations in which a person is part of a blended family, estate plans can make sure that all children are treated in the same manner. Without a plan, there is the potential that children might be treated differently based on the child’s recognized guardians or parents. Funeral Plans: Details about a person’s funeral plans can be articulated [...]

Oklahoma Supreme Court Decides Portability Election Case

A “portability election” refers to the ability of a surviving spouse to claim the unused portion of the federal estate tax exemption for a deceased spouse and add this amount to the balance of the surviving spouse’s own exemption. In January of 2017, the Oklahoma Supreme Court decided a case concerning a unique aspect about the amounts in portability elections. In the case of In re Estate of Vose, the Oklahoma Supreme Court upheld a lower court’s holding that required an estate administrator to make a portability election. While this case has the potential to provide some guidance on portability elections, individuals who are engaged in the probate process should not hesitate to contact a knowledgeable estate administration attorney. The Facts of the Vose Case In the case of Vose, a woman and her second husband signed prenuptial agreements prior to marriage. While these prenuptial agreements covered many terms, the agreements did not discuss portability elections. After the woman’s death, the woman’s child was appointed administrator of the woman’s estate. Although the child did not agree with it, an Oklahoma court ordered the portability election for the deceased woman be given to her section husband. The Oklahoma Supreme Court’s Decision [...]