Richard Winblad

Richard Winblad

Winblad Law PLLC
  • Elder Law, Estate Planning, Probate...
  • Oklahoma
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Summary

My practice focuses on Elder Law (Medicaid & VA Aid & Attendance), Estate Planning (Wills, Trusts, Powers of Attorney, Aircraft Trusts), Probate (Estates, Ancillary, Small & Summary Administration). Naturally, my practice also includes real property and mineral interests.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
  • Real Estate Law
Fees
  • Credit Cards Accepted
    Visa, Mastercard, American Express, Discover
  • Contingent Fees
  • Rates, Retainers and Additional Information
    I handle many matters on a flat fee basis, so you know the cost from the beginning.
Jurisdictions Admitted to Practice
Oklahoma
10th Circuit
Languages
  • German: Spoken
Professional Experience
Founder, Attorney
Winblad Law PLLC
- Current
Established to provide high quality legal services in the areas of Civil Litigation, Estate Planning, Wills, Trusts, Probate.
Attorney
Stephen Bruce and Associates
-
Education
University of Oklahoma College of Law
J.D. (1992)
-
Honors: Amjur Real Property
Oklahoma State University - Stillwater
B.S. (1984) | Business Adminstration
-
Awards
AV-Preeminent
Mattindale Hubble
Peer Review for Highest of Legal Excellence
Professional Associations
National Care Providers Council
- Current
Lawyers with Purpose
- Current
Activities: Medicaid and Veterans Benefits Training
Oklahoma City Commercial Attorneys Association
President
- Current
Activities: Presented CLE topics on issues from Estate Planning to Bankruptcy Issues.
Oklahoma Bar Association
- Current
Publications
Speaking Engagements
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Certifications
Accredited Attorney
Department of Vetrans Affairs
Websites & Blogs
Website
Visit My Website
Website
Aircraft Trusts and Ownership, Forgotten Piece of the Estate Plan
Blog
Winblad Law PLLC Edmond Oklahoma
Legal Answers
254 Questions Answered

Q. Is it legal for my mother to write her own will as long as it is witnessed and notarized?
A: Absolutely, but it is extremely easy to create an invalid Will. A 401k will be disbursed according to the beneficiary designation even if the wheels leave it to somebody else. She should also consider probate avoidance techniques such as trusts, Transfer on death designation’s etc. Finally she needs to consider having proper powers of attorney and advanced healthcare directive’s in place.
Q. $30,000 in a sole bank account. Descendent left pour over will for all assets to go into his trust. Probate or ?
A: If his account wasn't in the trust, no joint owner or Payable on Death Beneficiary, then you will probably be required to probate the estate. It sounds like a summary probate would be appropriate in this situation.
Q. My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?
A: Sorry for your headaches. I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes, my gut reaction (without research) is that you cannot force her to do so.
Q. Mother died in 2008 no will daughter been paying taxes on land acreage a14 years how do I get it in my name
A: If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the property would be divided but you should be entitled to recoup the taxes paid.
Q. Woman has oil interest in OK. Died 1965. Intestate. 1 son/heir. No rec of convey but 1 1976 OGL in his name. Same legal.
A: This is hard to say without reviewing the records and the Will. Was the Will actually probated? Some wills are invalid for various reasons. However, it is likely that 3rd wife's heirs at law would be entitled to the interests.
Q. If a Judgment Lien does not reference a specific legal description, does it attach to any or all real property owned?
A: Yes, similar to a tax lien it attaches to all real property within the county it is filed. See 12 OS Sec 706. There may be an exception for severed mineral interests.
Q. Can Medicaid put a lien on my home and ask me for money for my father’s nursing home care?
A: This is known as a Fillial law. See: https://law.justia.com/codes/georgia/2010/title-36/provisions/chapter-12/36-12-3 You should hire a Georgia Elder Law attorney.
Q. Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians
A: If the children are now adults they may want to pursue a quiet title action against the grandparents.
Q. I don't agree with a Division Order's interest. What are my rights?
A: Oil and gas law is complicated. The operator typically has the lion's share of the revenues because it pays for all the expenses and therefore has all the risk. If they spend a million and the hole is dry they eat all of the cost. However, a royalty interest owner pays nothing. The number you are looking at is the Net Revenue Interest. Next is the amount of acreage you own. Even if you lease has wording "containing 40 acres", this does not necessarily mean that you own that many acres. Most people own a fractional interest within the legal description. The next question is the size of the unit where oil is produced. This could be a 160, 640 or even a 1280 acre spacing unit. All owners within the spacing unit is entitled to their fractional share. Finally, what is your royalty rate. 1/8=.125, 3/16=18.75, 1/5= .20, 1/4 = .25. This is found in the lease or pooling order. All of these things go into determining your decimal interest. Net Revenue Interest = Net Mineral Acres / Drilling Spacing Unit Acres * Royalty Rate
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Annotations
IN THE MATTER OF THE ESTATE OF BOYD
Oklahoma Court of Civil Appeals
Bebout v. Ewell
Oklahoma Supreme Court
Ajemian v. Yahoo!, Inc.
Massachusetts Supreme Judicial Court
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Contact & Map
Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
USA
Telephone: (405) 340-6554