Trusts
A trust is a legal arrangement in which a trustee holds and manages assets for the benefit of a beneficiary or beneficiaries. Trusts are often used in estate planning to help individuals and families manage and distribute their assets in a way that aligns with their wishes and goals.Trusts can be used to avoid probate, minimize taxes, protect assets from creditors, and provide for beneficiaries in a variety of ways.
There are many different types of trusts, including revocable living trusts, irrevocable trusts, charitable trusts, special needs trusts, and more.When creating a trust, it's important to work with an experienced estate planning attorney who can help you navigate the complex legal requirements and ensure that your wishes are accurately reflected in the trust document. At Jennings Graves law firm, our estate planning attorneys have the knowledge and experience to help you create a trust that meets your unique needs and goals.
Wills
A will is a legal document that outlines how a person's assets and property will be distributed after their death. It is an essential component of any comprehensive estate plan, as it allows individuals to ensure that their final wishes are carried out and that their loved ones are provided for in the way they intend. At Jennings Graves law firm, we understand that each client's situation is unique, and we tailor our approach to meet their specific needs.
Our estate planning services include drafting and reviewing wills, as well as providing advice and guidance on related matters such as trusts, probate, and estate taxes. By working with our experienced attorneys, clients can ensure that their assets are distributed according to their wishes and that their loved ones are protected. We take pride in providing compassionate and comprehensive estate planning services to help our clients achieve peace of mind and security for their families.
Power of Attorney
A power of attorney is a legal document that grants someone else the authority to act on your behalf in certain situations. In estate planning, a power of attorney is often used to ensure that your financial and medical affairs are handled according to your wishes if you become incapacitated or unable to make decisions for yourself.There are two main types of power of attorney: financial and medical.
A financial power of attorney grants someone the authority to manage your financial affairs, such as paying bills, managing investments, and making financial decisions on your behalf.
A medical power of attorney grants someone the authority to make medical decisions on your behalf, such as consenting to medical treatments and making end-of-life decisions.It's important to choose someone you trust to act as your agent under a power of attorney, as they will have a significant amount of control over your affairs. Your estate planning attorney can help you draft a power of attorney that meets your specific needs and ensures that your wishes are carried out.
Healthcare Directive
A healthcare directive can be an important part of your estate plan because it ensures that your wishes are respected in the event of incapacity or terminal illness. Without a healthcare directive, your family members may be left to make difficult decisions on your behalf, which can lead to conflicts and uncertainty.
By creating a healthcare directive, you can communicate your preferences for life-sustaining treatment, such as the use of ventilators, feeding tubes, or resuscitation. You can also specify whether you want to donate your organs, and make other important healthcare decisions that align with your values and beliefs.
An estate planning law firm can help you create a healthcare directive that is legally valid and tailored to your specific needs and preferences. This document can provide peace of mind for you and your loved ones, and ensure that your medical care is managed according to your wishes.
Asset Protection Planning
Asset protection planning is a legal strategy designed to protect your assets from potential legal claims and creditors. It involves creating a comprehensive plan to safeguard your wealth, property, and other valuable assets, while ensuring that you maintain control over them.
In the context of estate planning, asset protection planning can help you preserve your wealth for future generations and minimize estate tax liabilities. It can also protect your assets in the event of unexpected life events, such as divorce or bankruptcy.
Some common asset protection strategies include the use of trusts, LLCs, and other legal entities that can shield your assets from potential creditors. These entities can be structured in a way that allows you to maintain control over your assets while limiting your personal liability.
Special Needs Planning
Special needs planning is a type of estate planning that focuses on the unique needs and concerns of individuals with disabilities or special needs. It involves creating a comprehensive plan that addresses the financial, medical, and legal needs of individuals with disabilities, while also preserving their eligibility for government benefits and programs.The goal of special needs planning is to provide for the long-term care and well-being of individuals with disabilities, while also ensuring that their assets are managed in a way that does not disqualify them from important government benefits, such as Medicaid and Supplemental Security Income (SSI).
Special needs planning may involve creating a special needs trust, which is a legal tool that allows assets to be set aside for the benefit of an individual with disabilities without affecting their eligibility for government benefits. These trusts can be used to pay for a wide range of expenses, including medical care, housing, transportation, education, and other needs that are not covered by government programs.
Divorce
In Oklahoma, a divorce can be granted on the basis of incompatibility, which means that the marriage is irretrievably broken and there is no chance of reconciliation. Alternatively, a divorce can be granted on the basis of a spouse's fault, such as adultery, cruelty, abandonment, or imprisonment.
The divorce process in Oklahoma typically involves filing a petition for divorce with the court, serving the other spouse with a copy of the petition, and attending a series of hearings to resolve issues related to property division, child custody, child support, and spousal support.
Oklahoma law requires that divorcing couples make a good-faith effort to reach a settlement agreement regarding these issues before proceeding to trial. If an agreement cannot be reached, a judge will make a decision on the disputed issues based on the evidence presented at trial.
Divorce can be a complicated and emotionally charged process, and it is important to have an experienced divorce attorney on your side. An Oklahoma divorce attorney can help you understand your legal rights and obligations, negotiate a fair settlement agreement, and represent your interests in court if necessary.
Adoption
Adoption is one of the most selfless acts you can do in your lifetime. Giving a child a home and a family is one of the most gratifying life experiences you will ever encounter. The Tulsa, Oklahoma based law firm of Jennings Graves Law Firm is proud to help you complete your family by facilitating your adoption. The adoption process is multifaceted and at times can be complicated. Jennings Graves Law Firm has successfully handled each aspect of the adoption process for a variety of clients.
One of the first steps is to determine if the birth parent(s) consent to giving up their parental rights to the adoptive child. Whether your case involves a consensual adoption, or non-consensual adoption, Jennings Graves Law Firm has the experience needed to complete the adoption without needless complications or delays. In a free consultation, they can explain the adoptions process and answer your questions.
Alimony & Spousal Support
Alimony, also known as spousal support, is a type of financial support paid by one spouse to the other during and/or after a divorce. In Oklahoma, either spouse may be ordered to pay alimony to the other, depending on a variety of factors.Under Oklahoma law, there are several types of alimony or spousal support that may be awarded, including:
Temporary alimony: This type of support is paid during the divorce proceedings to provide financial assistance to the lower-earning spouse.
Rehabilitative alimony: This type of support is awarded for a limited time to help the recipient spouse become self-supporting, such as by obtaining education or job training.
Permanent alimony: This type of support is paid for an indefinite period of time and is usually awarded in cases where the recipient spouse is unlikely to be able to become self-supporting due to age, health, or other factors.
Lump-sum alimony: This is a one-time payment of a fixed amount of money, often used to equalize property division or to provide long-term support.
When determining whether to award alimony, and the amount and duration of any support payments, Oklahoma courts consider a variety of factors, including the length of the marriage, the earning capacity and needs of each spouse, the standard of living established during the marriage, and the age and health of the parties.
Child Support
Child support in Oklahoma is a court-ordered payment made by a non-custodial parent to the custodial parent to help cover the expenses associated with raising a child. The purpose of child support is to ensure that both parents are contributing to the financial support of their children and to help provide for the child's basic needs, including food, clothing, housing, and medical care.
In Oklahoma, child support is determined using a set of guidelines that take into account the income of both parents, as well as other factors such as the number of children and their specific needs. The guidelines are based on a formula that calculates the percentage of each parent's income that should be allocated to child support.
Child support payments may be ordered to continue until the child reaches the age of 18 or graduates from high school, whichever comes later. In cases where the child has special needs or is still in school beyond the age of 18, child support may be extended beyond that time period.
Child support can be enforced through a variety of legal means, including wage garnishment, tax refund interception, and suspension of driver's licenses and professional licenses. Failure to pay child support can result in legal consequences, including fines, imprisonment, and loss of visitation rights.
Custody & Visitation
Custody and visitation in Oklahoma refers to the legal arrangements that determine where a child will live, who will make decisions about the child's upbringing, and how much time the child will spend with each parent following a divorce or separation.
In Oklahoma, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's upbringing, such as decisions related to education, healthcare, and religion. Physical custody refers to the right to have the child physically present and living with the parent.
Oklahoma courts strive to make custody and visitation decisions that are in the best interests of the child. Factors that may be considered include the child's age, physical and emotional needs, the relationship between the child and each parent, the ability of each parent to provide for the child's needs, and any history of abuse or neglect.
Father's Rights
Father's rights in Oklahoma refer to the legal rights and responsibilities that biological or adoptive fathers have regarding their children. These rights include the right to seek custody or visitation with their children, the right to participate in decisions about their children's upbringing, and the obligation to provide financial support.
In Oklahoma, fathers have the same legal rights as mothers in regards to custody and visitation. The courts strive to make decisions that are in the best interests of the child, and will consider factors such as the child's age, emotional and physical needs, and the ability of each parent to provide for the child.
If a father wants to establish his paternity, he can do so through a legal process in Oklahoma. Once paternity is established, the father can seek custody or visitation rights with his child. If the mother is unwilling to grant custody or visitation rights, the father can petition the court for a parenting plan that outlines the terms of custody and visitation.
Fathers in Oklahoma also have an obligation to provide financial support for their children, whether or not they have custody or visitation rights. Child support is determined based on the income of both parents and the needs of the child.
Guardianship
A guardianship in Oklahoma is a legal arrangement in which a court appoints a guardian to make personal and financial decisions for someone who is unable to make these decisions for themselves. Guardianships are often established for minors who do not have parents or whose parents are unable to care for them, as well as for adults with disabilities or incapacities.
In Oklahoma, a guardianship can be established for a minor if the court determines that the child's parents are unable or unwilling to provide proper care and supervision. The guardian is then responsible for making decisions related to the child's education, healthcare, and general welfare.
For adults, a guardianship may be established if the person is unable to manage their own affairs due to a physical or mental incapacity. The guardian is then responsible for making decisions related to the person's health, safety, and financial affairs.
Establishing a guardianship in Oklahoma requires a legal process that involves filing a petition with the court, providing notice to interested parties, and attending a hearing. The court will then determine if a guardianship is necessary and appoint a guardian if appropriate.
Marital Property
Marital property in Oklahoma refers to the assets and debts acquired by a couple during their marriage. In other words, any property that was acquired by either spouse during the marriage is generally considered to be marital property, regardless of who paid for it or whose name is on the title or deed.
Under Oklahoma law, marital property is subject to equitable distribution in the event of a divorce. Equitable distribution means that the property will be divided in a fair and just manner, which may not necessarily be an equal 50/50 split.
In dividing marital property, the court will consider factors such as the length of the marriage, the contributions of each spouse to the acquisition of the property, the income and earning potential of each spouse, and any other relevant factors.
There are some types of property that are considered separate property, which is not subject to equitable distribution. Separate property includes property that was owned by either spouse prior to the marriage, gifts or inheritances received by either spouse during the marriage, and any property that was acquired after the couple separated.
Paternity
Paternity in Oklahoma refers to the legal determination of the biological father of a child. When a child is born to unmarried parents, there is no legal presumption of paternity, meaning that the biological father does not have legal rights and responsibilities towards the child until paternity is established.
Establishing paternity in Oklahoma can be done voluntarily or through a court order. If the parents agree on the identity of the father, they can sign a Voluntary Acknowledgment of Paternity form at the hospital or later at the Department of Human Services. This form establishes legal paternity and allows the father to have legal rights and responsibilities towards the child, including custody, visitation, and child support.
If there is a dispute about paternity, either the mother or the alleged father can petition the court to establish paternity. The court may order genetic testing to determine the biological father, and once paternity is established, the father can seek legal rights and responsibilities towards the child.
Establishing paternity is important not only for legal rights and responsibilities, but also for the emotional and social well-being of the child. Children benefit from having a relationship with both parents, and establishing paternity can help facilitate that relationship.
Same Sex Family Law
The United States Supreme Court has issued a groundbreaking legal opinion in which marriage between two persons of the same sex was deemed legal and valid. Marriage was declared a fundamental right of all U.S. citizens, straight or gay. Likewise, same-sex couples are now bound by the same duties and responsibilities that are part of the marriage contract as their heterosexual counterparts.
As a longtime ally of the LGBTQ+ community, Jennings Graves Law Firm welcomed this decision with open arms and has helped LGBTQ+ couples establish their rights within all aspects of family law. Call our office today if you have any questions on how Oklahoma family law may apply to your LGBTQ+ marriage, divorce, or any of the other protections under state law historically applied to heterosexual partners.
