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.

AV-Preeminent

Mattindale Hubble

2016

Peer Review for Highest of Legal Excellence

Oklahoma County Bar Association

2019 - Current

National Care Providers Council

2016 - Current

National Association of Royalty Owners

Dirctor

2016 - Current

Activities: Speaker at conventions.

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.

Q. Can the state take the property if my mother is in a nursing home?

June 3, 2025

A: If your transaction occurred more than 5 years before the Medicaid/SoonerCare application, then it is outside of the lookback period. However, if you have not filed the contract for deed with the county then you may run into some proof issues. The courts view a contract for deed as if the owner granted a deed and took back a mortgage. Therefore, the unpaid balance of the CFD would be an asset and/or income for your mother.

Technically the state does not take a person's property. Instead they may refuse to provide benefits if over resourced. In the case of real property they may file a lien.

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. We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

January 8, 2024

A: 1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition, including how the property will be divided or sold.

b. Drafting an Agreement: Once an agreement is reached, it's essential to have a legally binding document drafted, detailing the terms and conditions of the partition.

c. Legal Review: It's advisable to have the agreement reviewed by individual attorneys to ensure that everyone's rights and interests are adequately protected.

d. Execution: After legal review and any necessary revisions, the agreement can be executed, and the agreed-upon actions can be taken.

Judicial Partition

Generally an owner of an undivided interest in land can file for a judicial partition. The court appoints commissioners who determine if the property can be divided into equal relevant shares in an equitable way. If this is not possible, then it is appraised, each owner has an opportunity to buy out the others at the appraised price (less their proportionate value). But if nobody exercises the option, or if more than one owner exercises the option a deadlock is created. The property may be sold at sheriff's sale with the proceeds divided according to their interests.

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. On the day the company that bought my home came to take possession of my home my name was still on the deed

December 20, 2023

A: I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate. A deed does not necessarily mean that you own a property, such a case when someone with no ownership gives you a deed. Likewise, a person can own real property when there is no deed, such as a probate order awarding an inheritance.

Generally, a probate process involves a sheriff's sale or trustee's sale (depending upon your state). There may be a successful bidder who can become the owner.

Also, county officials are generally prohibited from giving legal advice such as title opinions.

You should visit with a California attorney to see if there is still the ability to redeem the property. If not you might also want to see if there are excess funds (money paid that exceeds the debt) to which you may be entitled.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship. ... Read More