Marshall K. Dyer, Attorney

08/14/2022

Just made a purchase at smile.amazon.com. By logging in to Smile Amazon, you can designate a worthy organization to receive a contribution from your purchase. Through June, 2022, thoughtful shoppers have been responsible for donations of $1,134.69 to be made to Broken Arrow Neighbors.

If you aare going to shop Amazon, please remember "Smile.Amazon".

10/26/2021

The Oklahoma Legislature has, whether accidentally or intentionally, taken a giant leap backward in the ability of Oklahomans to provide for their futures.

A staple of the Estate Planner has been the Durable Healthcare Power of Attorney (DHCPOA). The DHCPOA allows adults to designate an individual to make health care decisions for them if they lose their mental or physical ability to do so. Without the DHCPOA, if a person loses their ability to make medical desisions for themselves, then someone needs to step up and institute a Guardianship. This means the involvement of a Court and annual reports of the decisions made.

The 2021 Legislature has adopted the Uniform Power of Attorney Act. The Act expressly does not apply to Healthcare Powers of Attorney. The final section of the Act is a "repealer"(a section that attempts to repeal any other statutes that aree in conflict with the new statute). In this case, the Repealer specifically repealed the existing Durable Power of Attorney scheme, part of which allowed for Durable Healthcare Powers. The result is that on November 1, 2021, Durable Healthcare Power of Attorney will not exist in Oklahoma, except for those properly created prior to November 1.

DHCPOAs that were created prior to November 1 will not be affected. But beginning on November 1, it will be up to the Legislature to somehow reinstate this powerful Estate Planning tool.

Questions? Call me at (918) 258-2711 or email me at [email protected] and I'll try to help.

08/23/2021

If you have been thinking of making a Health Care Power of Attorney, this should be worth a read.

The HealthCare Power of Attorney (HCPOA) should not be confused with the Advance Directive. The Advance Directive is an expression of "end of life" decisions, while the HCPOA grants powers to someone you choose to make health care decisions for you in the event you lose the ability to make those decisions for yourself.

On November 1, 2021, a new law goes into effect in Oklahoma, governing all Powers of Attorney, including HCPOA's. It replaces existing law. The new Act makes no provision for HCPOA's, so effectively, beginning November 1, you will not be able tro do so.

HCPOA's created before November 1 will still be valid, but until the Oklahoma Legislature corrects this oversight (which a government office has indicated is in the works), you lose the ability to make one from and after Noveber 1. If you have been thinking about making one, you should contact an Estate Planning attorney now.

06/04/2021

I will be calling yet another surviving spouse this morning to tell her that the document she sent me, believing it to be her late husband's will, is in fact, worthless, as it is not properly executed. Now her husband's two children each become a part-owner in the house she believes is hers, because the "Will" says so.

Another "Rocket Lawyer" misfire.

02/04/2021

11/19/2020

Yeah, About That Trust.......

I received a call from a colleague yesterday, asking if I had a Will
my dad drafted for a client in 1998. After a search found nothing, he proceeded to tell me that the woman passed away a couple of weeks ago, and the family has visited him to probate the estate. They explained that she had a valid Trust, but she failed to place several assets in the Trust.

Not putting your assets in your Trust is like not putting gas in your new car. You'll pay a lot of money but you won't go far. (As I typed this I realized the bad rhyme - sorry).

People are often hesitant to place their assets in trust for a variety of reasons. Increased paperwork and public filing/recording of Trust information are the primary hesitations. To avoid this, you can provide for much of your property to pass to your Trust after you die, but without a Probate.

For example, you can record a Transfer on Death Deed naming the Trust as the Transfer on Death Beneficiary. The cash accounts, brokerage accounts CD's etc. can name the Trust as "Pay on Death" (POD) Beneficiary, and the Trustee can be made an "and/or" owner on motor vehicles. Other types of property can be provided as well.

The idea is to account for every piece of your property that can land your estate in Probate Court. Make sure all property is either in the Trust, or provides for non-probate transfer of the property to the Trust at the designated time. (As a reminder, a Will is not a way to avoid Probate).

Call me at (918) 258-2711. Answers are free.

10/12/2020

FOR TENANTS FACING EVICTION DUE TO COVID LOSS OF INCOME:

The CDC has issued an Order, effective until the end of 2020, that anyone facing eviction due to loss of incom that is based on the pandemic, can stop all eviction proceedings by the ex*****on and filing of an Affidavit. It is important to remember that all rents, penalties and other charges will still be owed once the Order is lifted. If this applies to you, copy and paste the following and make the appropriate changes to suit it to your case. Be sure to read the affidavigt carefully, as you may face prosecution forw perjury if any statement does not apply to you.

______________________________________________________
AFFIDAVIT OF (Your name[s])

I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing are true and correct:

I have used best efforts to obtain all available government assistance for rent or housing;

I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;

I am using best efforts to make timely partial payments that are as close to the full payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses;
If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.

I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.

I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

Signature of Declarant Date

07/16/2020

Tulsa Mask Ordinance

07/02/2020

Completed another mediation yesterday. This one with no agreement, but the parties narrowed and sharpened the issues, and came away with a better understanding of how a trial may play out. Even without complete success, mediation saves time and money in the long run.

05/03/2020

WE DON'T HAVE A LOT.

In thirty years of helping people create their estate plans, I hear the same 5 words more than any others: "I/We don't have a lot." It always reminds me of a story. Better yet, it reminds me of a true story that happened to me many years ago.

At some time in the late 90s, I got a phone call from a man whose wife had filed for divorce. He had moved to California, expecting her to join him, but she remained in Tulsa and hired an attorney instead. He needed representation.

In the course of our conversation, he related this: "She is asking for a lot of alimony as if I have a lot of money. What she doesn't realize is that our stocks have taken a beating lately. Honestly, I doubt we have any more than about 12 million right now."

He "didn't have a lot". But what he had was worth protecting nonetheless.

So is yours.

04/29/2020

Do you have a domestic relations matter that needs to move forward, but cannot because of the Covid pandemic or because one or more of the parties are remote? I offer divorce and post-divorce mediations for Oklahoma matters by Zoom conferencing. Contact me at [email protected].