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Richard Winblad

Richard Winblad

Winblad Law PLLC
  • Estate Planning, Probate, Elder Law ...
  • Oklahoma
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Biography

My practice focuses on Estate Planning (Wills, Trusts, Powers of Attorney), Probate (Estates, Mineral Probates, Ancillary, Small & Summary Administration), Elder Law (Medicaid & VA Aid & Attendance). Naturally, my practice also includes real property and mineral interests.

Memberships: Oklahoma Bar Association, Estate Planning Section
National Association of Royalty Owners.

Education
University of Oklahoma College of Law
J.D. (1992)
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Honors: Amjur Real Property
University of Oklahoma College of Law Logo
Oklahoma State University - Stillwater
B.S. (1984) | Business Adminstration
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Oklahoma State University - Stillwater Logo
Professional Experience
Founder, Attorney
Winblad Law PLLC
- Current
Established to provide high quality legal services in the areas of Civil Litigation, Estate Planning, Wills, Trusts, Probate.
Attorney
Stephen Bruce and Associates
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Publications
Articles & Publications
Taking on DHS: Successfully Challenging the Medicaid Penalty
Lawyers With Purpose, Practice Foundation for Estate Planning &Elder Law
Asset Protection, So Kids Won’t Blow Their Inheritance
Estate Planning Answer Guide (EBook)
Medicaid & Long Term Care (Guide / Ebook)
Speaking Engagements
Estate Planning Ethics
Oklahoma City Commercial Attorneys Association
Wartime Veteran Pension
Oklahoma City Commercial Lawyers
Medicaid and Skilled Nursing Financing, OAHCP Annual Conference
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Certifications
Accredited Attorney
Department of Vetrans Affairs
Awards
AV-Preeminent
Mattindale Hubble
Peer Review for Highest of Legal Excellence
Professional Associations
Oklahoma County Bar Association
- Current
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National Care Providers Council
- Current
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Oklahoma City Commercial Attorneys Association
Past President
- Current
Activities: Presented CLE topics on issues from Estate Planning to Bankruptcy Issues.
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Oklahoma Bar Association
- Current
Activities: Estate Planning Probate and Trust Section Sub Committee on Elderlaw, Medicaid
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Lawyers with Purpose
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Activities: Medicaid and Veterans Benefits Training
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Jurisdictions Admitted to Practice
Oklahoma
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10th Circuit
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Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, Mastercard, American Express, Discover
  • Contingent Fees
  • Rates, Retainers and Additional Information
    I handle many matters on a flat fee basis, so you know the cost from the beginning.
Practice Areas
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Will Contests
    Elder Law
    Energy, Oil & Gas Law
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Water Law
Languages
  • English: Spoken, Written
  • German: Spoken
Legal Answers
Q. Please give me an idea of typical property i.e. home furnishings, tools in my garage, animals, etc. in a pour over will.
A: A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the trust. So, items like furnishing, tools etc.are funded by that document. Other assets such as real estate, mineral interests, vehicles, bank accounts, etc. require re-titling in the name of the trustee for the trust.

A pour-over Will is designed to make sure that was omitted from the funding and would otherwise require probate will eventually end up in the trust. For example, often people with a mineral interest neglect to deed that property into their trust and thus requires probate.

The attorney who set up your estate plan should be able to assist you. If you used a kit, it is likely that there are holes in your estate plan or it might fail.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
... Read More
Q. Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?
A: Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced directive is important especially when there are multiple family members so that her wishes are known and followed.

You may also need planning for Medicaid and/or VA benefit eligibility planning many people create problems while trying to be helpful.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Q. I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?
A: Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

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Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

1. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 7 of this act; or

2. The requirements for a military power of attorney pursuant to 10 U.S.C., Section 1044b, as amended.

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Georgia enacted the Uniform Durable Power of Attorney Act in 2018. Oklahoma enacted the same act in 2021. Assuming that this is the form your mother signed, then you may be want to point out your strong arm provisions:

Oklahoma Statutes Title 56 OS Sec 3020 states:

C. A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

1. A court order mandating acceptance of the power of attorney; and

2. Liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

I hope this helps.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
... Read More
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Websites & Blogs
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Winblad Law PLLC Edmond Oklahoma
Contact & Map
Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
Telephone: (405) 696-0422
Fax: (866) 712-1093
Monday: 8:30 AM - 5 PM
Tuesday: 8:30 AM - 5 PM
Wednesday: 8:30 AM - 5 PM
Thursday: 8:30 AM - 5 PM
Friday: 8:30 AM - 4:30 PM
Saturday: Closed (Today)
Sunday: Closed
Notice: Call anytime to leave a message.