Estate Planning

Estate planning is one of the most important things you can do for the people you love — and it is one of the most commonly postponed. Most families know they need a plan, but the process feels overwhelming, confusing, or simply not urgent enough to act on today.

I understand that hesitation. But here is the reality: estate planning is not about preparing for the worst. It is about making sure your family is protected no matter what happens, and that your wishes — not a court’s assumptions — guide the decisions that matter most.

As an Oklahoma City estate planning attorney, I help families create plans that are clear, comprehensive, and tailored to their specific circumstances. Whether you need a simple will or a sophisticated trust-based plan, my goal is the same: to give you confidence that your family will be taken care of.

Why Every Oklahoma Family Needs an Estate Plan

Many people assume estate planning is only for the wealthy. That is simply not true. If you own a home, have a retirement account, have children, or have opinions about your medical care, you need an estate plan.

Without one, Oklahoma law makes these decisions for you. The state’s intestacy laws determine who inherits your property based on a rigid formula that does not account for your relationships, your wishes, or your family’s unique dynamics. A surviving spouse may not inherit everything. Children from a prior marriage may receive more — or less — than you intended. And if you have minor children, a judge — a stranger — will decide who raises them.

An estate plan eliminates that uncertainty. It puts you in control of:

• Who inherits your property — and when, how, and under what conditions
• Who raises your children if something happens to you
• Who makes medical decisions for you if you cannot speak for yourself
• Who manages your finances if you become incapacitated
• How your assets are protected from creditors, lawsuits, and unnecessary taxes

The peace of mind that comes from knowing these decisions are made is worth far more than the cost of creating the plan.

Key Documents in an Oklahoma Estate Plan

A comprehensive estate plan is not a single document — it is a coordinated set of legal instruments that work together to protect you and your family in different situations. Here are the core components:

Last Will and Testament

Your will is the foundation. It names the people who will inherit your property, designates guardians for minor children, and appoints a personal representative to manage your estate through the probate process. Every adult should have one.

But a will alone has limitations. It only takes effect after death, it must go through probate (a public court process), and it provides no protection during your lifetime if you become incapacitated. That is why most comprehensive estate plans include additional documents.

Revocable Living Trust

A trust holds your assets during your lifetime and distributes them after your death — without probate. You maintain full control as the trustee while you are alive, and your successor trustee steps in seamlessly if you become incapacitated or pass away.

Trusts offer privacy (they are not public record), speed (no court process required), and flexibility (you can set conditions on distributions, such as age thresholds or educational milestones). For many Oklahoma families, a trust-based plan is the most effective approach.

Financial Power of Attorney

A financial power of attorney allows someone you trust to manage your financial affairs — banking, bill payments, investments, real estate — if you become unable to do so yourself. Without this document, your family would need to go through a court guardianship proceeding, which is expensive, time-consuming, and public.

Oklahoma law requires specific language to make a power of attorney “durable” — meaning it remains effective even if you become incapacitated. This is critical. A non-durable power of attorney expires precisely when you need it most.

Advance Healthcare Directive

An advance directive — sometimes called a living will — lets you express your wishes about medical treatment in advance. It covers end-of-life care, life-sustaining treatment, pain management, and other critical medical decisions.

Combined with a healthcare power of attorney, this ensures that someone you trust can make medical decisions according to your stated preferences. Without these documents, your family may face agonizing decisions without guidance — and family members may disagree, leading to conflict during an already difficult time.

The Estate Planning Process

Many people avoid estate planning because they imagine a complicated, drawn-out process. In reality, working with an experienced attorney makes it straightforward.

The first step is always a conversation. I need to understand your family, your assets, your concerns, and your goals. There is no judgment and no pressure — just an honest discussion about what matters to you.

From there, I design a plan that fits your specific situation. Some families need a simple will and basic powers of attorney. Others need a trust-based plan with asset protection features, tax planning strategies, and provisions for blended families or special needs beneficiaries. I will tell you honestly which approach makes sense — and which would be overkill.

Once we agree on a plan, I draft the documents, review every detail with you, and make sure you understand exactly what each document does. Then we execute them properly — with the witnesses, notarization, and formalities that Oklahoma law requires.

The entire process typically takes two to four weeks from our initial meeting to signed documents.

Common Estate Planning Mistakes

In my practice, I regularly see families dealing with the consequences of these avoidable mistakes:

Procrastinating. The number one estate planning mistake is not having a plan at all. Life is unpredictable. Accidents, illnesses, and untimely deaths do not wait for a convenient time. If something happens before you have a plan in place, your family bears the full cost of that delay.

Using DIY templates. Online will kits are tempting because they are cheap and fast. But they use generic templates that may not meet Oklahoma’s specific legal requirements. I have seen families spend thousands in probate court trying to fix problems created by a $29 online will.

Failing to fund a trust. Creating a trust means nothing if you never transfer your assets into it. An unfunded trust is just an expensive piece of paper. Every asset — your home, bank accounts, investments — must be properly titled in the name of the trust for it to work as intended.

Forgetting to update. An estate plan is not a set-it-and-forget-it document. Life changes: marriages, divorces, births, deaths, new assets, new state laws. A plan that was perfect five years ago may be dangerously outdated today.

Overlooking beneficiary designations. Retirement accounts, life insurance policies, and payable-on-death accounts pass directly to named beneficiaries — regardless of what your will or trust says. If your beneficiary designations are outdated or inconsistent with your estate plan, the wrong people may inherit significant assets.

Ignoring incapacity planning. Most people think of estate planning as planning for death. But statistically, you are more likely to become temporarily or permanently incapacitated before you die. Without powers of attorney and healthcare directives, your family cannot manage your affairs or make medical decisions without court intervention.

When to Update Your Estate Plan

Your estate plan should be a living set of documents that evolves with your life. Review your plan with an attorney after any of these events:

• Marriage or divorce — Spouse provisions, beneficiaries, and powers of attorney likely need to change
• Birth or adoption of a child or grandchild — Guardian designations and inheritance provisions should be updated
• Death of a beneficiary, executor, or agent — Successor nominations need to be reviewed
• Significant change in assets — New property, business interests, or inheritances may require structural changes
• Move to a new state — State laws vary significantly; an Oklahoma plan may not work in Texas or California
• Changes in tax law — Federal and state tax changes can affect trust structures and estate tax thresholds
• Changes in relationships — New partners, estrangements, or changes in who you trust to serve in key roles

Even if none of these events occur, a routine review every three to five years is good practice. Laws change, financial circumstances evolve, and what mattered to you at thirty may look very different at fifty.

Oklahoma-Specific Considerations

Estate planning is governed by state law, and Oklahoma has rules that differ from other states in important ways:

Homestead protections. Oklahoma provides significant protections for your primary residence, but these protections have limits and requirements that must be addressed in your estate plan.

Community property. Oklahoma is not a community property state — it follows the common law system of property ownership. This affects how assets are characterized and distributed, particularly for married couples.

Probate thresholds. Oklahoma allows a simplified affidavit process for small estates valued under certain thresholds, but most estates with real property will require formal probate unless assets are held in a trust or pass through beneficiary designations.

Execution requirements. Oklahoma has specific requirements for how wills must be signed and witnessed. A will that does not meet these requirements may be invalid — regardless of how clearly it expresses your wishes. This is one of the most common problems with DIY wills.

Elective share. Oklahoma law gives a surviving spouse the right to claim a portion of the deceased spouse’s estate, even if the will says otherwise. Proper planning can address this — but only if you know about it in advance.

Working with an attorney who practices exclusively in Oklahoma estate planning ensures your plan accounts for these state-specific rules and protections.