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Oklahoma’s Oldest
Law Firm

From A Simple Will To Guardianship, Turn To Us For Seasoned Guidance And Representation

Mitchell DeClerck, PLLC, in Enid has a long-standing history of providing life and estate planning. We can help you make the decisions that give you control over your person and your property for the rest of your life. Careful planning means that your property will go to the ones you love.

Since 1893 our firm has provided legal guidance and representation with integrity and a determined commitment to service.

The Role Of An Adult Guardian

Sometimes a person has an incident or health condition that incapacitates them and makes them unable to pay their bills and take care of their day-to-day business. When an adult is incapacitated they need someone to look after their finances and care.

The court may appoint a guardian for the incapacitated person, who is called a “ward.” A guardian is not responsible for providing financial support. Rather, the role of a guardian is to protect the ward and keep that person safe from abuse and neglect and to ensure their bills get paid.

Some of the main duties of a guardian are to:

  • Make sure the ward gets appropriate medical treatment
  • Consult with medical professionals and social services for the ward
  • Advocate for the ward’s best interests
  • Provide an annual report to the court or county
  • Participate in meetings in regards to the ward
  • Ensure the ward is in a safe living environment that meets the needs of the ward

Our team can help you create a guardianship or advise you on your rights and obligations if you are guardian. Guardianships may also be granted for minor children in the event their parents are no longer living or are unable to care for them. There are three types of guardianship in Oklahoma.

Providing A Broad Spectrum Of Estate Planning Services

As an established estate planning firm, our team has helped clients in many capacities. From the very simple to the very complex, we are ready to assist you. In addition to creating wills and trusts we can help with:

  • Estate administration
  • Will and estate contests
  • Establishing or executing a power of attorney
  • Designating a health care proxy
  • Creating a health care directive
  • Ancillary probate if the person who died owned property in another state
  • Ancillary estates if the person who died had assets in another state
  • Oklahoma probate

Through will and trust contests, we make sure beneficiaries receive what they are supposed to receive. We know that these terms and processes may be new to you so we offer a free consultation so that you can better understand which services may best fit your goals.

Get A Smooth Procession Through Oklahoma Probate

Probate is a legal process that happens after a person dies. That person’s family will then petition the court to as the judge to divide the property in accordance to the will. If the person who died had assets of less than $50,000 (not including real estate) a small estate affidavit can be filed. Otherwise, most estates pass through the probate process. If the person left a valid will, then the court will have the assets distributed according to the will. In some cases the person who died may have used planning tools such as a trust to avoid having their estate go through the probate process.

We assist the personal representative in carrying out their duties. These duties include:

  • To inventory and keep safe all of the assets
  • To collect everything that is owed to the estate
  • To identify all possible heirs
  • To pay all debts and final taxes
  • To distribute the assets/property as stated in the will or by the court

The Oklahoma probate process takes anywhere from six months to a year, or more for very complex cases.

Need Help Understanding What Needs To Be Done? Unsure Of Your Role? Want Guidance?

We offer a free consultation so that you can meet with our estate planning lawyer and ask the questions you have. We will answer your questions and let you know how we can help. Call 580-498-1787 or send us an email via this website, and we will get in touch with you.