The Schroeder Group The Schroeder Group

Wills

Oklahoma City Will Lawyers

Helping Clients in Oklahoma City Draft a Will

At The Schroeder Group, we understand the importance of creating a comprehensive estate plan that includes a will. Our team of experienced attorneys can assist you in drafting a will that meets your specific needs and ensures your final wishes are carried out.

We have a dedicated Oklahoma City will lawyer on our team who is familiar with the state's laws and regulations surrounding wills. We can help you navigate the complexities of estate planning, ensuring your loved ones are provided for in the event of your passing.

Need Help With Your Will?
Call The Schroeder Group at (405) 704-3882 or contact us online for a consultation. We’re here to help you create a will that ensures your final wishes are honored.

What Is a Last Will and Testament?

A Last Will and Testament is a legally binding document that outlines your wishes regarding the distribution of your property and the care of any minor children in the event of your death. It allows you to appoint an executor who will be responsible for managing your estate and enforcing the terms of your will.

What Is a Living Will?

A Living Will, also known as an advanced directive, is a document that lets individuals state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death.

What Makes a Will Valid in Oklahoma?

In Oklahoma, a will must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are not beneficiaries under the will. The testator must be at least 18 years old and of sound mind at the time of signing. It's advisable to have your will notarized, although it's not a requirement in Oklahoma.

  • Oral Wills
    Oral wills, also known as nuncupative wills, are considered legal in Oklahoma, but they have certain limitations. They are only valid if made during military service or the testator's last sickness and while in the presence of at least two witnesses. However, oral wills are subject to stricter requirements and may not be suitable for complex estates.
  • Holographic Wills
    Holographic wills, on the other hand, refer to wills entirely handwritten by the testator. In Oklahoma, holographic wills are recognized as legal as long as they are signed and dated by the testator. Witnesses are not required for holographic wills to be valid, making them a more flexible option for individuals who prefer to draft their wills in their own handwriting.

It's important to consult with an attorney to ensure that your will meets all the legal requirements and accurately reflects your wishes, whether it's a written, oral, or holographic will.

Advantages and Considerations When Drafting Your Will

Drafting a will offers various benefits such as protecting your estate from going into probate, providing for your loved ones, and securing the future of minor children. It brings peace of mind knowing that your final wishes will be respected. However, there are drawbacks as well. Creating a will can be a complex process requiring professional guidance and it needs to be updated regularly to reflect changes in your life. Also, as a public document, a will might expose your estate to unwanted scrutiny.

How to Update or Amend a Will in Oklahoma City

Updating or amending a will is essential to ensure that your estate plan remains current, reflecting changes in your life circumstances. Key events such as marriage, divorce, birth of children, or acquiring significant assets may require revisions to your will. Regular reviews can help prevent confusion and ensure your wishes are upheld.

When to Update Your Will:

  • Marriage or Divorce: Adding a spouse or removing an ex-spouse as a beneficiary.
  • Birth of Children: Adding children or grandchildren to your will for inheritance.
  • Significant Asset Changes: Acquiring or selling valuable assets like property or businesses.
  • Relocation: If you move to another state, some legal requirements may change.
  • Death of a Beneficiary: Updating beneficiaries if someone passes away before you.

The Legal Process for Amending a Will:

  • Codicil: A codicil is a legal addendum to your will. It allows you to make changes without creating an entirely new document. A codicil should be executed in the same way as your original will, with proper witnesses and signatures.
  • New Will: In some cases, making substantial changes to your will may be easier by creating a new will. This is especially important if the codicil becomes too complex or if significant changes are needed.

Professional Guidance:

  • Consulting with an estate planning attorney can ensure your will is properly amended to reflect your wishes and comply with Oklahoma law.

Guardianship for Minor Children in Your Will

If you have minor children, appointing a guardian in your will is essential. A guardian is a person you trust to care for your children in the event of your passing. This decision ensures that your children’s needs are met and helps avoid the court from making the decision on your behalf.

Why Appoint a Guardian?

  • Protection and Care: A guardian ensures that your children are cared for by someone who shares your values and parenting style.
  • Legal Authority: Designating a guardian in your will provides clear legal authority, preventing disputes among family members.
  • Stability: A pre-appointed guardian helps ensure your children have stability during a difficult time.

Steps to Appoint a Guardian:

  • Choose a Responsible Person: Select someone who can meet your children's emotional, physical, and financial needs.
  • Discuss Your Decision: Make sure the chosen guardian is willing to take on the responsibility.
  • Include Backup Guardians: Name an alternate guardian in case your first choice is unable or unwilling to serve.
  • Consult an Attorney: Legal guidance ensures your guardianship decisions are properly documented.

Common Mistakes to Avoid When Writing a Will

Creating a will can be a complicated process, and there are several common mistakes that can cause confusion or legal issues. Being aware of these pitfalls can help ensure that your will accurately reflects your wishes.

Common Mistakes:

  • Unclear Language: Ambiguous terms or vague instructions can lead to confusion or disputes among beneficiaries.
  • Failing to Update Beneficiaries: Changes in family dynamics, such as births, deaths, or divorces, may require updating beneficiary designations.
  • Not Considering Tax Implications: Wills should consider potential estate taxes or inheritance taxes to prevent unnecessary financial burdens on beneficiaries.
  • Not Appointing an Executor: Without a designated executor, the court will have to appoint one, potentially causing delays and complications.
  • Overlooking Debts: Ensure that your will addresses how debts and liabilities will be handled before distributing assets.

How Professional Help Can Avoid Mistakes:

  • Working with an attorney ensures that your will is clear, legally sound, and up-to-date.
  • Legal advice can also help you navigate complex issues such as tax implications or choosing an appropriate executor.

Updating and maintaining a valid will is essential to ensuring your wishes are fulfilled, and your loved ones are provided for according to your desires. Regular reviews and professional guidance help avoid mistakes and protect your family’s future.

Why Trust Our Oklahoma City Will Lawyers

  1. Comprehensive Estate Planning: Our team specializes in wills and estate planning, ensuring your wishes are documented accurately.
  2. Customized Will Solutions: We listen to your goals and concerns, crafting a customized plan that safeguards your loved ones.
  3. Insightful Legal Advice: With a deep understanding of Oklahoma City's legal landscape, we navigate complexities with ease.
  4. Assurance for Your Future: Our meticulous attention to detail ensures your wishes are upheld, minimizing potential disputes.
  5. Supportive Legal Partnership: We're here to answer your questions, offering compassionate support during every step of the process.

Comprehensive Estate Planning Services in OKC

  • Custom Will Creation: Craft a clear and legally binding will that reflects your desires for asset distribution and guardianship.
  • Strategic Estate Planning: Plan for the seamless transfer of your assets, protecting your family's financial future.
  • Trust Formation Strategies: Establish trusts to manage and distribute assets while minimizing tax implications.
  • Guided Probate Support: Our experts guide your loved ones through the probate process with sensitivity and efficiency.

Your needs drive our practice. We take pride in building lasting relationships and delivering legal solutions that stand the test of time. When you partner with us, you're not just a client – you're family.

Local Expertise in Oklahoma City for Wills Amendment

Living in Oklahoma City, you face unique estate planning challenges. At The Schroeder Group, we understand the local landscape and can provide tailored advice for your specific needs. Whether you live downtown or in the suburbs, our attorneys are here to guide you through wills amendments and estate planning.

We’re familiar with local regulations and ensure your will reflects your wishes while staying compliant with the latest legal standards. Our team helps address common concerns, such as family disputes over assets, by creating clear, legally sound wills.

We also understand the importance of community involvement and can incorporate your local and philanthropic goals into your estate plan, providing peace of mind that your legacy will be preserved.

Trust The Schroeder Group to be your partner in estate planning. Contact us today to schedule a consultation and take the first step in securing your legacy.

FAQ - Oklahoma City Will Lawyers

  • What is the difference between a will and a living will?
    A Last Will and Testament outlines how your property should be distributed after your death and names guardians for your minor children. A Living Will, or advanced directive, details your medical care preferences if you're unable to communicate.
  • How often should I update my will?
    You should review and potentially update your will after major life events such as marriage, divorce, the birth of children, or acquiring significant assets. Regular updates help ensure that your will reflects your current wishes.
  • What is a codicil?
    A codicil is a legal amendment to your will. It allows you to make small changes without drafting a new will. Codicils must be signed and witnessed just like your original will.
  • Can I change my will after it is made?
    Yes, you can amend your will by either creating a codicil or drafting an entirely new will. It's important to follow the legal requirements for proper execution and ensure your changes are clear.
  • Do I need to appoint a guardian for my children in my will?
    Yes, appointing a guardian is crucial if you have minor children. It ensures that someone you trust will care for them if you are no longer able to.
  • What happens if I don’t update my will after significant life changes?
    Failing to update your will may lead to unintended consequences, such as family disputes, outdated beneficiary designations, or a distribution of assets that doesn't reflect your current wishes.
  • What should I avoid when drafting my will?
    Common mistakes include unclear language, not updating beneficiaries, failing to consider tax implications, or not appointing an executor. Professional legal help can prevent these issues.

Schedule a free initial consultation with the Oklahoma City attorneys at TSG by calling (405) 704-3882 or contacting us online today.

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