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Tyler R. Barrett

Tyler R. Barrett

The Law Office of Tyler R. Barrett, P.L.L.C.
  • Estate Planning, Probate, Elder Law
  • Oklahoma
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Summary

If I could summarize what I do in one sentence, I would say that my job is to help people achieve peace of mind knowing that they’ve planned for the future and their family will be taken care of if anything ever happens to them. Two of my grandparents suffer from Alzheimer’s disease. I’ve seen firsthand how the death or disability of a loved one can cause a family to self-destruct. That’s why I chose to dedicate my career to this field. As an estate planning attorney, I’m passionate about creating estate plans for my clients that: (1) Promote family harmony and ensure that both personal and financial goals are realized; and (2) Are affordable and understandable. As an elder law attorney, I work with older adults and their families to minimize the risks of long-term care. In particular, I seek to protect clients’ assets while at the same time helping them qualify for Medicaid or other public assistance to defray the escalating cost of nursing homes. Finally, in the area of probate, I navigate clients through the court system and make certain that their loved one’s estate is dealt with effectively and as quickly as the law allows. I believe that the practice of law is not just about performing legal services for my clients, but also about building relationships. I take pride in providing my clients with personal attention, promptly returning telephone calls and emails and clearly communicating every step of the way. I want my clients to be comfortable with the process. I try to accommodate my clients whenever possible, meeting with them in their homes, offices or other convenient locations and scheduling appointments during evening and weekend hours. Drawing on my personal background as well as my legal experience, I explain in laymen’s terms — not lawyer jargon — the available options and my recommendations based on each client’s unique circumstances. In so doing, I sincerely hope to earn my clients’ friendship in addition to their profes

Practice Areas
  • Estate Planning
  • Probate
  • Elder Law
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Oklahoma
Professional Experience
Owner
The Law Office of Tyler R. Barrett, P.L.L.C.
- Current
A client-centered law firm located in Norman, Oklahoma focusing on estate planning, probate and elder law
Attorney
Hampton and Milligan
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Education
University of Oklahoma College of Law
J.D. (2011)
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Honors: Articles Editor for the Oklahoma Law Review, Dean's List
University of Oklahoma
B.A. (2008) | Political Science
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Honors: Summa cum laude, Distinguished Graduate for the College of Arts and Sciences, Gamma Beta Phi Honor Society, Golden Key International Honor Society, President's Honor Roll
Professional Associations
Oklahoma Bar Association # 30482
Member
Current
Cleveland County Bar Association
Member
Current
WealthCounsel
Member
Current
National Academy of Elder Law Attorneys
Member
Current
Speaking Engagements
Trusts 101, Lawton, Oklahoma
National Business Institute
Legal Answers
25 Questions Answered

Q. My husband is deceased and I have utility checks in his name I can't cash. What can I do at this point?
A: Hi, First and foremost, I am sorry for your loss. Regarding your question, probate is typically necessary anytime someone dies owning property in only their name. Oklahoma has procedures for summary administration and small estate affidavits, both of which are generally less costly than normal probate. However, specific requirements must be met. Regardless, it make not make sense to do anything if the checks at issue are small amounts. I recommend talking with a probate attorney.
Q. Joint Tenancy Warranty Deed
A: In order to be completely confident, I would need to examine the deed. Generally speaking, however, there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. For either option, I would recommend that you consult a knowledgeable attorney, as the the facts of your particular case may require different action.
Q. Does the Transfer-On-Deed in Oklahoma allow the listed features below?
A: A Transfer-on-Death Deed does not constrain the grantor's ability to sell the property during his/her lifetime. In addition, generally speaking, because a Transfer-on-Death Deed is a testamentary transfer (meaning it takes effect at death), the tax treatment is the same as property disposed of by Will or Living Trust. Regarding your questions about Medicaid, I would strongly advise you to consult in person with an attorney knowledgeable in this area. Medicaid is an extremely complex program. Eligibility, exemptions and the like depend on a series of factors that differ from situation to situation. Therefore, your questions have no black and white answers. Furthermore, if Medicaid planning is your primary objective, a Transfer-on-Death Deed may not be the best option. Lastly, I would say this: there are no quick and easy fixes in the law, especially as it relates to Medicaid. A DIY approach is at your own peril. I understand that cost is an issue for most people. However, an investment now could pay big dividends later and give you peace of mind. I offer free, no obligation consultations.
Q. Does Oklahoma require that the Executor of a Will to be a resident of Oklahoma?
A: Hi, thanks for your question. Oklahoma does not require the Exexutor (or Personal Representative) of a Will to be a resident. Nevertheless, depending on the circumstances of a particular situation, it could be more prudent to name an Executor who lives near the Will maker. Each case is different, and the decision about who to name as Executor is one of the most important in the estate planning process. Therefore, you should consult with a knowledgeable estate planning attorney.
Q. Does Oklahoma support the Enhanced Life Estate Deed? Can a Enhanced Life Estate Deed be completed without a lawyer?
A: Hi, thanks for your question. In Oklahoma, we call this a Transfer-on-Death Deed. Our statutes specifically authorize it. I cannot speak for other attorneys. However, I typically do estate planning matters on a flat fee - which varies depending on the nature and complexity of the documents I am preparing. This could range anywhere from a couple hundred dollars to $2000 or more. Obviously, my fee would be minimal for a Transfer-on-Death Deed. That said, I recommend consulting with knowledgeable estate planning attorney about your financial and personal circumstances as well as your wishes to determine if a Transfer-on-Death Deed is right for you or whether you might want to consider other and/or additional documents.
Q. Does an estate have to be probated in Oklahoma if the deceased lived in another state?
A: Hi, thanks for your question. As a general rule, if a person dies leaving property in their name only (meaning it is not in a trust and there is no joint owner), then a probate is necessary to transfer the property to the deceased's heirs and/or beneficiaries. Assuming someone had property in Oklahoma but died while a resident of another state, then it is likely that the estate would have to be probated in both Oklahoma and the state of residence. I recommend that you contact a knowledgeable probate attorney to discuss this matter in detail.
Q. In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?
A: For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute also sets forth publication requirements. The Personal Representative must consult all sources at hand to determine the known creditors of the deceased. In the event a creditor does not receive proper notice, the creditor's claim may not be barred under the law -- potentially preventing closing of the estate or making the assets of the estate distributed to the heirs/beneficiaries subject to such creditor's claim after the probate is over. Thus, I believe it's very important for all personal representatives to retain legal counsel to assist them. After all, the probate code can be extremely complex and often does not make "common sense".
Q. Is there some sort of form that can be filled out to get my home out of probate so I can refinance?
A: I am sorry to hear that your wife passed away. Unfortunately, because the home was not in joint tenancy, it will be necessary to probate your wife's estate in court. Only then can your wife's name be removed from the title so you can refinance. Moreover, if you and your wife have children and your wife did not have a will, the children could be entitled to inherit partial ownership in the house. While you can represent yourself, I highly recommend that you hire a probate attorney. The probate laws are very complex, and failure to give notice properly or other mistakes can be costly and cause many problems later on.
Q. Is there an approved form for an Affidavit of Death for the Grantor of a Transfer on Death deed? Is thee a requirement
A: There is no need to obtain a release from the Oklahoma Tax Commission while the grantor of a transfer on death deed is living. If the grantor of the transfer death deed died prior to January 1, 2010, a release from the Oklahoma Tax Commission would be required.
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131 East Main Street, Suite 207
Norman, OK 73069
USA
Telephone: (405) 928-4075