Claimed Lawyer ProfileQ&A
- Energy, Oil & Gas Law
- Estate Planning
Additional Practice Area
- Oil & Gas
Free 30 minute phone
- Credit Cards Accepted
Rates, Retainers and Additional Information
Flat Fee Probates
Jurisdictions Admitted to Practice
- Oklahoma Bar Association
- State Bar of Texas
- Cowan & Fleischer, PLLC
- Sr. Landman
- Chesapeake Energy Corporation
- Oklahoma City University School of Law
- J.D. (2005)
- Honors: Summa Cum Laude
- Activities: Board of Editors, Law Review
- Southern Nazarene University
- B.S. (2002)
- Summa Cum Laude
- Oklahoma City University School of Law
- Texas State Bar
- Oklahoma Bar Association  # 20697
- Estate Planning, Probate and Trust Section, Oklahoma Bar Assoc.
Articles & Publications
- Bazetta v. McGinnis: Prisoners' Right to Non-Contact Visitation Under the First and Eighth Amendments
- Oklahoma City University Law Review
- An Introduction to Estate Planning , Oklahoma City
- Francis Tuttle Technology Center
Websites & Blogs
- Fleischer, Fleischer, Painter & Cantrell, PLLC
17 Questions Answered
- Q. Any way to distribute estate assets via trust or will incrementally over time as opposed to a lump sum distribution?
- A: Absolutely. This is one of the major benefits of a trust. It allows you to control your assets even after death. You can set it up to pay out however you’d like.
- Q. My mother passed away a year ago. How do i force my father to probate her will?
- A: Yes, you can force the will to be probated. According to Section 21 of Title 58 of the Oklahoma statutes, “Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby.” Furthermore, according to Section 24 of Title 58, "If it be alleged in the petition that the will is in the possession of a third person and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it in the court at the time named in the order. If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may by warrant of the court be committed to the jail of the county, and kept in close confinement until he produces it." As an heir at law of your mother, you are entitled to notice if your father ever probates the will on his own volition. You also have a right to start the probate process and require your dad to produce the will. You should contact an Oklahoma probate attorney and get the probate process started.
- Q. My Wife and I are in our 70’s we owe 50.000 on a house worth 100.000 we want our son to have the house, What to do ?
- A: You have numerous options: 1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate. However, as a life tenant, you have a responsibility to maintain the property and cannot sell or mortgage it without the remainderman’s (your son's) permission. 2. You can place the house in joint tenancy with your spouse and son. However, joint tenancy has its limitations—all tenants have equal control, the creditors of either tenant can reach the asset, etc. 3. Likely your best option is to execute a Transfer on Death (TOD) deed that identifies your son as the beneficiary. Your control over the property is not affected and your son has no interest in the real property until you and your wife die. The designation may be revoked or changed at any time and your son takes only the interest held on the date of your deaths, subject to all encumbrances, reservations, and exceptions. A word of warning regarding the TOD deed: the transfer at death is not automatic. To obtain title to the property, your son must file an affidavit of record that affirms numerous facts and includes a copy of your death certificate within 9 months of your death. If your son fails to do so, the property reverts to your estate. If you execute a TOD deed, make sure your son knows about the 9 month window. Whatever option you choose, you should definitely consult an OK attorney regarding the drafting of the deed. Depending on how title to the house is currently held between you and your wife, you may need more than one deed or you may need very specific language included in the deed. P.S. You can also leave the house to your son in your will, but if the house passes via the will instead of via one of the deeds/conveyances mentioned above, then the house will have to be probated.
Contact & Map