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Oklahoma Estate Planning Process: Understanding the Basics
Oklahoma estate planning is an often ignored (yet important) component in protecting your assets and your loved ones, especially in the future during the probate process. One of the main reasons why people do not engage in the estate planning process is that they do not understand the basics related to it.
This lack of knowledge may also result in complete misinformation that also causes fear and avoidance of creating the appropriate estate planning documents. Without the proper estate planning documents in place, your estate could not avoid probate if something happened to you. The court system would also make decisions related to your minor children.
At Ball Morse Lowe, estate planning is one of the practice areas that we focus on. In addition to creating personalized estate planning documents for our clients, we also want to educate our readers as well as our clients on the Oklahoma estate planning process. In this post, you'll learn more about the estate planning process, the common estate planning process, whether estate planning can help you avoid probate, and how estate planning can help you if you're the parent of minor children.
The Estate Planning Process Is Personalized
When considering estate planning, it's paramount to recognize its inherent personalization. While certain estate planning documents, like the universally applicable Last Will and Testament, serve as foundational elements, it's crucial to appreciate that not all aspects are universally suitable.
Estate planning unfolds in harmony with the unique objectives of each individual navigating this journey. These objectives, akin to the tapestry of life, may naturally evolve over time. It's imperative to periodically revisit the estate planning documents initially crafted to ensure their continued alignment with your evolving needs and aspirations, especially when significant life events transpire. Moreover, your personal desires may undergo transformation as well, prompting a desire to explore alternative estate planning instruments that could offer a more tailored fit for your present circumstances.
In the realm of Oklahoma estate planning, our dedicated attorneys bring their expertise to bear, guiding you through this intricate process. With a keen focus on understanding your individual goals and adapting to your evolving aspirations, our team at Ball Morse Lowe ensures that your estate plan not only meets your immediate requirements but also stands ready to serve your future needs effectively and comprehensively. Your success in estate planning is our foremost concern.
Common Estate Planning Documents
There are some common estate planning documents used in the state planning process. They include:
- Last Will and Testament - This is the most well-known estate planning document. It allows you to name individuals, nonprofits, or even create trusts for your pets to receive your assets.
- Powers of attorney - There are various types of powers of attorney that accomplish different goals. A durable power of attorney continues to remain in effect if you are declared incapacitated by a doctor. The most commonly used power of attorney is a durable healthcare power of attorney. It is used to give someone the ability to ensure you get the medical treatment you want and need if you are unable to make those decisions on your behalf.
- Revocable living trust - A revocable living trust is the most common type of trust established during the estate planning process. The document itself outlines who will act as the trustee and the beneficiaries as the trust. Revocable living trusts are popular because those who use them can make changes to the trust and even revoke the trust during their lifetime. They can also be the beneficiary of the trust and act as the trustee during their life.
- Asset inventory - The purpose of an asset inventory is to document all of your assets. This includes everything from bank accounts to jewelry to gun collections to land to real estate. Essentially, it is anything you own that has financial value. An asset inventory is helpful because it assists in the estate planning process. It will be done again during the probate process. During that time, an asset inventory is beneficial in the event a determination of heirship matter is opened. This happens if an heir believes that an asset of the estate was not distributed by the personal representative. Probate litigation of this nature can be difficult to handle on your own. Ball Morse Lowe provides legal assistance handling such matters.
Can You Avoid the Probate Process with Oklahoma Estate Planning?
Within the realm of estate planning, it's vital to recognize that certain documents wield the power to shield specific assets from the often cumbersome probate process. One such document, widely employed for this purpose, is the revocable living trust—a stalwart among estate planning tools. Assets held within these trusts enjoy a distinct advantage: they sidestep the probate labyrinth entirely, seamlessly passing to designated beneficiaries.
However, it's important to note that the revocable living trust is not the sole instrument in the estate planning repertoire capable of circumventing probate's complexities.
Beyond trusts, life insurance proceeds serve as another formidable contender in the quest to avoid probate. These proceeds, by design, bypass probate channels entirely, flowing directly to the named beneficiaries as stipulated in the policy.
Furthermore, you have the option to employ payable-on-death (POD) and transfer-on-death (TOD) beneficiaries for various accounts and specific assets. These arrangements, where available, represent a strategic approach to probate avoidance. When utilized judiciously, they enable assets to transition seamlessly to the designated beneficiaries without being entangled in the probate process.
In navigating the multifaceted landscape of estate planning, it's prudent to leverage these tools wisely, seeking guidance from seasoned professionals well-versed in the intricacies of Oklahoma estate planning. At Ball Morse Lowe, our thoughtful team stands ready to offer you the insights and strategies necessary to optimize your estate planning objectives while avoiding the probate quagmire.
What about Minor Children?
Estate planning in Oklahoma isn't just about financial matters; it also encompasses the compassionate care of minor children. Alongside the establishment of trusts and the use of various estate planning tools, the appointment of guardians for your children is a profound consideration.
Within your comprehensive Oklahoma estate plan, the issue of guardianship takes on paramount importance. It's a matter that resonates deeply with parents, and rightly so. Your estate planning attorney in Oklahoma will help you articulate your heartfelt wishes regarding the guardianship of your beloved children, ensuring their well-being in the unfortunate event of your passing.
By proactively addressing this crucial aspect of estate planning, you provide your children with a sense of security and certainty during an otherwise challenging time. Without clear directives in your estate plan, the court may be left to determine their guardians, a process that may not align with your intentions.
At Ball Morse Lowe, our experienced estate planning attorneys in Oklahoma understand the significance of safeguarding your children's future. We are here to assist you with empathy and expertise, guiding you through the process to create an estate plan that not only protects your assets but also prioritizes the well-being and happiness of your family, especially your minor children.
The Main Documents Involved in an Estate Plan
Schedule Your Free Oklahoma Estate Planning Consultation Now
Oklahoma estate planning helps you take control of your future while also caring for the future of your family. To learn more about estate planning documents and how they can meet your needs, schedule your free consultation with Ball Morse Lowe now 405.701.5355 or email clientintake@bml.law.
