Drafting or Contesting a Will in Oklahoma

CLEAR DRAFTING AND PRECISE EXECUTION OF YOUR FINAL WISHES

Every person, regardless of net worth, should have a will. If you pass on without a will in Oklahoma, the state distributes your assets according to Oklahoma’s inheritance laws, without deference to your wishes. A will gives you a final opportunity to express your love and affection to the special people in your life and to advance any charitable causes that matter to you.

At Zuhdi & Flynn, PLLC, our estate planning attorneys work closely with you to craft a will that expresses your intentions in clear, unambiguous language. We draw on our experience litigating will contests on behalf of estates and beneficiaries to make sure your will is error-free, so you can rest assured that your intentions will be carried out. We understand that contemplating succession issues can be difficult, and we handle each discussion with the utmost sensitivity.

REPRESENTATION FOR BENEFICIARIES AND ESTATES IN OKLAHOMA WILL CONTESTS

After the testator passes, the will goes before the probate court for approval. The court can uphold the will or invalidate it in whole or in part. Complete invalidation of the will means the estate must pass by Oklahoma’s intestacy laws, as if there never had been a will. When the court allows the will to be executed in whole or in part, any residue of the estate that remains gets distributed according to Oklahoma’s inheritance laws.

Many heirs who find they’d do better under intestacy than they would under the terms of the will may try to invalidate the will (and other elements of the estate plan) simply because they are bitterly disappointed. However, the law requires that anyone challenging a will must have legal grounds for doing so. Those grounds can specify one or more of the following:

  • The testator who executed the will lacked mental capacity at the time.
  • Someone exercised undue influence or coercion to impose certain terms on the testator.
  • The will is fraudulent or is the product of fraud.
  • The will before the court is not the testator’s current will.
  • The will is ambiguous in its language and can be interpreted different ways.

In certain circumstances, you may find it necessary to contest the validity of a loved one’s will or, as a personal representative of the estate, you may have to defend a will against a challenge. When a dispute arises, our Oklahoma City wills lawyers work with you to understand your situation, evaluate your options, and pursue the most efficient means possible to resolve your loved one’s estate properly.

RESOLVING WILL DISPUTES AND PROTECTING YOUR RIGHTS

In the event of a will contest, the heirs and beneficiaries may be able to resolve their dispute through informal means such as mediation, or it may be necessary for them to resort to the Oklahoma courts. In either case, and for spouses and children seeking to enforce their statutory rights, the experienced Oklahoma City attorneys at Zuhdi & Flynn, PLLC are available to help you protect your rights and preserve your loved one’s final wishes.

Speak with one of our experienced Oklahoma City lawyers now

Dealing with the probate and estate administration process can be trying and uncomfortable, especially in the wake of the loss of a loved one. Our experienced and compassionate Oklahoma City wills lawyers at Zuhdi & Flynn, PLLC understand what you are going through. We take the time to keep you fully informed and guide you through each step of the process. To schedule a consultation, call us today at 405-416-2711 or contact our Oklahoma City office online.