Richard Winblad

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.

University of Oklahoma College of Law

J.D. (1992)

1989 - 1992

Honors: Amjur Real Property

Oklahoma State University - Stillwater

B.S. (1984) | Business Adminstration

1980 - 1984

Founder, Attorney

Winblad Law PLLC

2013 - Current

Established to provide high quality legal services in the areas of Civil Litigation, Estate Planning, Wills, Trusts, Probate.

Attorney

Stephen Bruce and Associates

1992 - 2013

Taking on DHS: Successfully Challenging the Medicaid Penalty

Lawyers With Purpose, Practice Foundation for Estate Planning &Elder Law

2016

Asset Protection, So Kids Won’t Blow Their Inheritance

February, 2016

Estate Planning Answer Guide (EBook)

2015

Medicaid & Long Term Care (Guide / Ebook)

2015

Estate Planning Ethics

2014

Oklahoma City Commercial Attorneys Association

Wartime Veteran Pension

2015

Oklahoma City Commercial Lawyers

Medicaid and Skilled Nursing Financing, OAHCP Annual Conference

2016

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

April 11, 2017

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.

Accredited Attorney

Department of Vetrans Affairs

AV-Preeminent

Mattindale Hubble

2016

Peer Review for Highest of Legal Excellence

Oklahoma County Bar Association

2019 - Current

National Care Providers Council

2016 - Current

Oklahoma City Commercial Attorneys Association

Past President

2008 - Current

Activities: Presented CLE topics on issues from Estate Planning to Bankruptcy Issues.

Oklahoma Bar Association

1992 - Current

Activities: Estate Planning Probate and Trust Section Sub Committee on Elderlaw, Medicaid

Lawyers with Purpose

2015 - 2019

Activities: Medicaid and Veterans Benefits Training

Oklahoma

Since 1992

10th Circuit

Since 1995

• 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.

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

Q. Please give me an idea of typical property i.e. home furnishings, tools in my garage, animals, etc. in a pour over will.

July 26, 2023

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.?

July 26, 2023

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?

July 11, 2023

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.

____________________

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.

___________________

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