ALSO INSIDE: Legislative Monitoring Committee Report

Volume 92 — No. 2 — February 2021

Probate

contents February 2021 • Vol. 92 • No. 2

THEME: Probate Editor: Patricia A. Flanagan

FEATURES PLUS 6 Access to a Deceased’s Digital Accounts 34 Legislative Monitoring Committee Kicks By Christin Mugg and Brody Gustafson Off the New Session 12 Creditors, Claims and Costs of Administering By Miles Pringle or Probating an Estate By Shanika Chapman and H. Terrell Monks 16 How to Know When You Need to File a Probate By Sarah Stewart and Hiba Jameel 20 Good Grief! Why Choose a Summary Probate? By Frank Hinton 26 When and How to Use Oklahoma’s Affidavits Instead of Probate By Sarah Stewart and Hiba Jameel 28 The New Public Handbooks for Oklahoma Minor and Adult Guardianships By A. Daniel Woska

DEPARTMENTS PAGE 34 – Legislative Monitoring Committee 4 From the President 36 From the Executive Director 38 Law Practice Tips 42 Ethics & Professional Responsibility 44 Board of Governors Actions 49 Oklahoma Bar Foundation News 50 Young Lawyers Division 52 For Your Information 54 Bench and Bar Briefs 56 In Memoriam 59 Editorial Calendar 64 The Back Page PAGES 36 – From the Executive Director From The President Inspired by a Short Story, Classic Movie Shares Important Messages By Mike Mordy

VERY CHRISTMAS SEASON MY WIFE, Christy, is guy, great lawyer and very compassionate Eexcited for me to watch with her the 1946 Christmas person, but who unfortunately took his classic, It’s a Wonderful Life. It is the movie starring Jimmy life in 1997. Another attorney friend of Stewart as George Bailey, Donna Reed as his wife and mine took his life a couple of months ago. Lionel Barrymore as Mr. Potter. You will remember it is the He too was a very compassionate, fun story about George Bailey, who thought he was a failure and witty guy and a great attorney who and who was given the zealously represented opportunity to come his clients. Both of back and see the world these attorneys had as it would have been The Greatest Gift is a short, a profound effect had he not been born, upon many people’s which is made possible wonderful story and a reminder lives before their through his guard- deaths and would ian angel, Clarence. that we all have a purpose in life. have continued to do George Bailey is a so had their lives not good man with young abruptly ended. ambitions, but he has been so busy helping others that he I mention all of this because we need believes he is a failure and that life has passed him by. to remember that we as attorneys do I was given a book this Christmas called The Greatest more than just represent businesses Gift, which is the original short story by Philip Van and banks and oil companies, but we Doren Stern, self-published in 1943, help people steer through situations from which the movie It’s a Wonderful that may seem small to us but are Life came. The story was originally desperate situations to them. We often issued as a privately printed booklet times offer our legal services to people the author sent out as Christmas not just on a pro bono basis but are cards in 1943. The producer of the unwittingly helping people through movie told Jimmy Stewart that the situations that appear insurmountable two main ideas for the story were to them and consequently make a dif- that no one is born to be a failure ference in their lives. and no one is poor who has friends. We need to be vigilant in checking The Greatest Gift is a short, wonderful on our attorney brothers and sisters, story and a reminder that we all have and ourselves, especially during this a purpose in life. odd season of our life. We need to I ran upon a small, golden ring make sure we all know we have a this Christmas, at about the same purpose in life, especially as attorneys, time I received The Greatest Gift. and that the legal services we have President Mordy practices The ring was given to my newborn provided have helped people in the in Ardmore. daughter 40 years ago by an attor- past and will continue to help people [email protected] 580-223-4384 ney friend of mine. He was a great in the future.

4 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 92 — No. 2 — February 2021 Inspired by a Short Story, Classic Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement Movie Shares Important Messages is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAUREN RIMMER BAR CENTER STAFF Advertising Manager PATRICIA A. FLANAGAN, Yukon John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim VIRGINIA D. HENSON, Norman Calloway, Director of Management Assistance C. SCOTT JONES, Oklahoma City Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of TONY MORALES, Shawnee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. ROY TUCKER, Muskogee Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications DAVID E. YOUNGBLOOD, Atoka and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, MICHAEL C. MORDY, President, Ardmore; Johnny Marie Floyd, Matt Gayle, Suzi CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Hendrix, Debra Jenkins, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Mark Schneidewent, Kurt Stoner, Krystal HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Willis, Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3

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THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 5

Probate Access to a Deceased’s Digital Accounts By Christin Mugg and Brody Gustafson

O YOU REMEMBER A TIME when you first encountered the cultural relevancy of Ddigital technology? For me, an avid movie watcher, that time was in 1998 when I watched You’ve Got Mail. There were other movies that exhibited the growth of digital tech- nology,1 but You’ve Got Mail demonstrated how personal digital technology could be. That movie proved two things: Nora Ephron was an amazing director, and our culture places great personal value on digital accounts. Our emails, social media accounts, subscriptions and every other digital account reflect who we are. They can be an extension of ourselves. What is surprising then is that 20 years after You’ve Got Mail, Oklahoma and other states are just now asking the important question of what happens to those emails when you die?

Stories that received national of a decedent to obtain access to Revised Uniform Fiduciary Access attention answered this question, that decedent’s digital accounts. to Digital Assets Act (RUFADAA).11 but not how many people hoped. Maureen Henry said it best, “There This article provides insight into the For instance, Ricky and Diane needs to be an actual process for RUFADAA and explains the steps Rash turned to Facebook for clo- families, in my situation, to access involved for a personal representa- sure after their son, Eric, died by their relatives’ digital accounts.”8 tive gaining access to a decedent’s suicide in 2013.2 Eric was a bright In Oklahoma, there is only one digital accounts. Lastly, the article 15-year-old who aspired to go to statute that addresses this issue.9 concludes with a brief discussion Harvard Law School.3 Facebook “The executor or administrator of the positives and negatives of denied their request to access of an estate shall have the power, enacting RUFADAA. their son’s Facebook account due where otherwise authorized, to to privacy laws.4 Or Dovi Henry take control of, conduct, continue, BACKGROUND who was a 23-year-old who passed or terminate any accounts of a Currently introduced as HB away in 2014.5 His mother, Maureen deceased person on any social 3711 in Oklahoma, RUFADAA is Henry, has been in a constant legal networking website, any microb- another brainchild of the Uniform battle with the custodians of Dovi’s logging or short message service Law Commission.12 Its purpose is email and social media accounts website or any e-mail service web- to give fiduciaries legal authority in an effort to find some clues sites.”10 It is yet to be determined to manage digital assets and give about his death.6 Canadian courts if this statute carries the necessary custodians a method to disclose have ordered those custodians to weight to force a custodian of digital information to a fiduciary while produce Dovi’s digital content and assets to set aside federal privacy protecting the user’s privacy.13 The communications but that has been laws and give a fiduciary access RUFADAA is not just for people met with limited success.7 to all of a decedent’s accounts. who talk about Bitcoin all day. These tragic stories exemplify That question might be irrelevant The RUFADAA has universal the risk of not having a structure in though because Oklahoma may applicability because of its broad place for a personal representative become the 46th state to enact the definitions. For example, a digital

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 7 If the personal representative does not have the decedent’s consent, then the personal representative must get a court order that finds the disclosure is reasonably necessary for the estate. This is a high bar.

asset is defined as “an electronic custodians from disclosing the personal representative will need record in which an individual has content of a user’s electronic to mail or email the custodian the a right or interest.”14 An account communications without that user’s following: a request for disclosure, is defined as an “arrangement consent.17 Feeling the pressure, a certified death certificate, certified under a terms-of-service agree- the Uniform Law Commission letters testamentary (or equiva- ment in which a custodian carries, relented and revised the UFADAA lent) and a copy of the document maintains, processes, receives, or to require user consent for a custo- purporting to give the personal stores a digital asset of the user or dian to disclose the content of an representative authority to access provides goods or services to the electronic communication.18 This the content of electronic commu- user.”15 Combine these two defi- point cannot be overstated because nications.21 The custodian, how- nitions, and RUFADAA applies many provisions of the RUFADAA ever, may respond to the personal to your Facebook and Google depend on whether the user gave representative’s request and require accounts, your Netflix account, consent. A user can consent in three an account identifier (username) your airline rewards account, even ways: 1) through an online tool, and evidence linking the decedent your Chick-fil-A account. All per- 2) contained in a will, trust or power with that account before it discloses sonal, digital accounts are subject of attorney or 3) under a terms-of- anything.22 Or the custodian can to this law. service agreement.19 Any contra- go a step further and require the RUFADAA is not just about diction between the user’s consent personal representative get a court digital accounts, it also protects a is resolved by giving preference order that finds the following: 1) the decedent’s privacy. When the first first to the online tool, followed by account was the decedent’s, 2) the iteration was introduced in 2014, a will, trust or power of attorney disclosure does not violate the SCA the Uniform Fiduciary Access to and concluding with the terms-of- and 3) the decedent consented to the Digital Assets Act (UFADAA), the service agreement.20 disclosure of electronic communica- proposed language gave a fidu- tion or that the disclosure is reason- ciary broad access to the dece- PROBATE PROCEDURE ably necessary for the estate.23 dent’s digital accounts, including In a probate, the personal The key takeaway from this the content of electronic commu- representative who wants access procedure is the importance of the nications. Tech companies and to a decedent’s digital accounts decedent’s consent for the disclo- privacy rights groups immediately must determine if that access will sure of the content of electronic claimed that UFADAA gave unau- reveal the content of an electronic communication. With that consent thorized access to the content of a communication. This would include in writing, a personal represen- decedent’s electronic communica- the body of emails and text mes- tative should have little trouble tions in direct violation of the Stored sages. If a decedent consented to the getting access to all a decedent’s Communications Act (SCA).16 disclosure of the content of elec- digital accounts. If the personal The SCA generally prevents tronic communications, then their representative does not have

8 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL the decedent’s consent, then the an electronic communication) is date the custodian received the personal representative must get similar to the one described above. request for disclosure, the user a court order that finds the disclo- It involves a written request for could have accessed if the user sure is reasonably necessary for the disclosure, certified death were alive and had full capac- the estate. This is a high bar. Early certificate and certified letters ity and access to the account.”33 cases have generally held that the testamentary.27 The custodian can Additionally, the custodian does content of electronic communica- once again request more informa- not have to disclose any material tions is not reasonably necessary tion (like a username) or even a that was deleted by the decedent for the estate.24 Instead, the court court order.28 But since the disclo- during their life and may require will give the personal represen- sure of a catalogue of electronic a reasonable administrative fee for tative access to a catalogue of communication does not violate providing the personal represen- electronic communications. SCA,29 the court order only needs tative access.34 Finally, if the per- A catalogue of electronic com- to find the decedent in fact had sonal representative requests just munications is “information that an account with the custodian or a subset of the decedent’s digital identifies each person with which a it is reasonably necessary for the accounts, the custodian may claim user has had an electronic commu- administration of the estate.30 Since that separating out that data is an nication, the time and date of the collecting and preserving the dece- undue burden.35 If that is the case, communication and the electronic dent’s assets are part of the probate then the custodian can petition the address of the person.”25 This does process, this should be met.31 court to limit the subset by a date, not reveal the content of the elec- RUFADAA also graciously provide for full access, provide for tronic communication. It basically gives custodians a choice in how no access or have the court sepa- rate it on camera.36

ANALYSIS There is much to like about the RUFADAA. Major endorsements from Facebook, Google and the AARP show the broad range of support, from custodians and users.37 The RUFADAA provides a framework for grieving fami- lies like the Rash’s and Henry’s for closure in difficult times. This structure helps the personal representatives succeed in obtain- ing access to a decedent’s digital accounts because it is based on a system that was approved by the custodians holding the decedent’s data. For practitioners who prac- REDPIXEL - stock.adobe.com - REDPIXEL tice in multiple states, the proce- gives the “who” and “when,” but they disclose the digital assets dure will be consistent in probates leaves out the “what” and “why.” to the personal representative. crossing state lines, considering Judges are willing to order the Specifically, a custodian may RUFADAA has been enacting in custodian to provide a catalogue of either give the personal repre- almost every state. Lastly, some may electronic communications but keep sentative full access to the digital consider the privacy protections of open the possibility of the personal assets or partial access sufficient a decedent’s electronic commu- representative needing more if the enough for the personal repre- nications necessary in any statu- catalogue reveals anything.26 sentative to fulfill their fiduciary tory scheme. To understand this The procedure for obtaining a duty. 32 Of course the custodian point, just think of an email or text catalogue of electronic communi- could also just give the personal message you have sent about your cations or any other digital asset representative a “copy in a record family member – do you want your (not including the content of of any digital asset that, on the personal representative seeing that?

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 9 The RUFADAA, though, has its relationships or even their vulner- 12. Uniformlaws.org. fair share of drawbacks. Enacting a ability.42 The RUFADAA does not 13. Uniform Law Commission, Prefatory Note to the Revised UFADAA, www.uniformlaws.org/ uniform law will never be a perfect take this nuanced approach. HigherLogic/System/DownloadDocumentFile. fit for any state. For example, the So, the question from the begin- ashx?DocumentFileKey=112ab648-b257-97f2- 48c2-61fe109a0b33&forceDialog=0 (accessed RUFADAA contains references to ning of this article remains: what Sept. 29, 2020). the Uniform Trust Code (UTC).38 happens to your emails when 14. RUFADAA §2(10). 15. RUFADAA §2(1). Oklahoma has not enacted the you die? The RUFADAA gives an 16. 18 U.S.C. §2701. UTC, so Oklahoma must adapt.39 answer. A better question then is 17. Id. 18. RUFADAA §7(4) The RUFADAA will also whether Oklahoma will use that 19. RUFADAA §4(a-c). increase probate fees. A lawyer answer. 20. RUFADAA §4(a-c). 21. RUFADAA §7(1-4). will need to send a request to the 22. RUFADAA §7(5)(a-b). custodian, along with the proper 23. RUFADAA §7(5)(c). 24. Matter of Coleman, 63 Misc. 3d 609, 96 documentation for access to the ABOUT THE AUTHORS N.Y.S.3d 515 (N.Y. Sur. 2019). decedent’s digital accounts. If the Christin Mugg is a 25. RUFADAA §2(4). 26. Coleman at 615. custodian requests a court order, founding partner for 27. RUFADAA §8(1-3). then the probate lawyer would need Mugg Winston. She 28. RUFADAA §8(4). 29. 18 U.S.C. §2702(c). to prepare additional pleadings to concentrates on complex 30. RUFADAA §4(D). obtain that order. This might not be estate planning and 31. 58 O.S. §251. 32. RUFADAA §6(a). an issue in uncontested probates, planned charitable giving. She 33. RUFADAA §6(a)(3). but where the personal representa- received her J.D. from the OCU 34. RUFADAA §6(b-c). 35. RUFADAA §6(d). tive is closely monitored by suspi- School of Law in 1998, an MBA 36. RUFADAA §6(d). cious heirs looking for a reason to from OU in 1994 and is a chartered 37. See Endorsements listed for RUDAFAA, claim a breach of fiduciary duty, this advisor in philanthropy. my.uniformlaws.org/committees/community- home?CommunityKey=f7237fc4-74c2-4728-81c6- could give them that ammunition, b39a91ecdf22 (accessed on Sept. 29, 2020). especially if the personal represen- Brody Gustafson is 38. RUFADAA §12(2). 39. The version introduced in Oklahoma tative wants access to a decedent’s a practicing attorney requires the production of the full trust agreement digital accounts for sentimental rea- with Mugg Winston instead of certificate or memorandum of trust. 40. Shelly Kreiczer-Levy & Ronit Donyets- sons and not necessarily to increase in Edmond, where Kedar, “Better Left Forgotten: An Argument the value of the estate, e.g., obtain- he focuses on trust Against Treating Some Social Media and Digital Assets as Inheritance in an Era of Platform ing family photos. administration, probate and digital Power,” 84 Brook. L. Rev. 703 (2019). Finally, some have argued assets. He received his J.D. from 41. Id. 42. Id. that the RUFADAA and similar the OU College of Law in 2019 and laws put the cart before the horse. graduated with distinction. Before a conversation can occur about how to access a decedent’s ENDNOTES digital accounts, specifically social 1. For instance, the cult-classic Tron (1982) or the lesser known, Lawnmower Man (1992), media accounts, states and legis- or even the digital technology that rendered lators should consider the “role of Jurassic Park (1993). 2. Fredrick Kunkle, “Virginia family, seeking platforms in shaping memory and clues to son’s suicide, wants easier access to continuity.”40 Basically, what is the Facebook,” The Washington Post, Feb. 17, 2013, RUFADAA trying to preserve? Is at ¶2, www.washingtonpost.com/local/va-politics/ virginia-family-seeking-clues-to-sons-suicide-wants- that sense of self worthy of preser- easier-access-to-facebook/2013/02/17/e1fc728a- vation even if it becomes distorted 7935-11e2-82e8-61a46c2cde3d_story.html. 3. Id. through the corporate power that 4. Id. at ¶3. social media companies wield?41 5. “Ottawa mother’s quest for her late son’s passwords an uncharted legal road, say experts,” Instead of shoehorning access CBC, Nov. 24, 2019, at ¶3, www.cbc.ca/radio/ to digital accounts into a tradi- outintheopen/diy-justice-1.5351892/ottawa- mother-s-quest-for-her-late-son-s-passwords- tional property framework where an-uncharted-legal-road-say-experts-1.5366292. everything is inheritable, access 6. Id. at ¶10. 7. Id. at ¶14, 15. to digital accounts should take 8. Id. at ¶9. into account the user’s personal 9. 58 O.S. §269. 10. Id. autonomy, their surrounding 11. Uniformlaws.org.

10 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL

Probate Creditors, Claims and Costs of Administering or Probating an Estate By Shanika Chapman and H. Terrell Monks

F YOU’VE BEEN PRACTICING IN PROBATE for any amount of time, you likely have Ia probate intake form for the prospective client that asks for heirs, assets and debts of the estate and decedent, along with other basic information. Of those three topics, noth- ing confounds a client more than the topic of debt. Clients remark, “Oh, mom didn’t have any credit cards,” or, “Mom always paid her debts.” For these clients, debt equates to credit cards. The practitioner’s job is to broaden that definition. Did mom have a mortgage? A car note? Did she pass in a medical facility? Are there any property liens or judgment liens? If the answer to any of these questions is yes, the estate now has a potential creditor entitled to notice. Paying proper debts of the decedent is a crucial duty of the personal representa- tive1 that cannot be taken lightly, and it is better to be overinclusive.

The Oklahoma Probate Code or creditor through the basics of not timely presented are forever has devoted an entire chapter creditors and claims. The second barred.2 Failure to do so can result to address what is a proper and half will cover more esoteric mat- in the revocation of the personal valid claim or debt, what consti- ters and include case law and other representative’s letters of adminis- tutes proper notice, when such statutes that may conflict and/or tration or letters testamentary.3 claim or debt must be paid, how to provide additional considerations. The notice to creditors must properly reject or approve a claim be filed with the court clerk and and the consequences of such PART I: CREDITOR published twice in a county news- approval, rejection or failure to CLAIM BASICS paper over two consecutive weeks, provide notice. Chapter 7, “Claims The Personal Representative’s within 10 days of filing.4 The Against the Estate,” Sections 331-354 Responsibilities personal representative must also of the probate code, provides a Chapter 7 of Title 58 on creditor mail such notice to any known detailed roadmap for navigat- claims seeks to balance the rights creditors – those the personal rep- ing the potential landmine that of creditors to be repaid with the resentative actually knows of or is the world of creditor claims. heirs and beneficiaries’ rights to the through reasonable efforts could Failure to follow it can have dire timely administration of an estate. have located.5 All prospective consequences, including facing a Within two months of appoint- personal representatives should hefty bill for a wronged creditor’s ment, every personal representative go through the decedent’s effects attorney fees, and this could leave must give notice of the decedent’s (safe, filing cabinet, mail, etc.) in an attorney with an extremely dis- passing to any known creditors or search of potential creditors. Note satisfied client. The first half of this reasonably ascertainable credi- that the probate code does not article will help guide a practitioner tors and advise them that claims require a personal representative

12 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL to mail the notice to creditors to week, others daily – this is why representative fails to approve or later discovered creditors.6 the presentment date should be reject the claim, it is presumed Sometimes creditors will set about 65 days out since the first rejected on the 13th day after it was respond by mailing statements or publication must occur within presented.13 Upon receipt of the other documentation, arguably not 10 days of filing the notice with notice of rejection, the creditor has constituting a claim (a discussion the court clerk. Always follow up 45 days to bring an ancillary pro- of what constitutes a valid claim is with the publisher to confirm the ceeding or an independent action on discussed infra) to the attorney for publication was timely published a claim currently due or two months the personal representative subse- two times on consecutive weeks after the claim becomes due.14 If the quent to the filing of the petition to (certain publication requirements personal representative neglects to probate or administer the estate but elsewhere in the probate code only mail the notice of rejection, the cred- prior to filing of the notice to credi- require a one-time publication). itor has until the date the final peti- tors. Be sure to mail these creditors Proof of publication and mailing or tion is filed to bring suit.15 Note this the notice to creditors once the per- nonmailing must be made via affi- is a change in the law, added in 2008, sonal representative is appointed, as davit9 by the personal representa- that greatly expands the window of they are now on notice of a known tive and filed with the court clerk. opportunity for a creditor who was claimant. Note, however, a claim Once a claim is presented, deprived of the notice of rejection. presented prior to the filing of the personal representative must Note also that if the creditor prevails the notice to creditors is deemed to approve or reject it, either in part or on its action, the estate is liable for have been validly presented, and in whole.10 Allowed claims must be the creditor’s attorney fees.16 the personal representative need not approved by the judge, who must A personal representative can give notice by mail unless the claim likewise allow or reject the claim. pay what they believe to be a justly is rejected in whole or in part.7 If the judge approves the claim, the due debt at any time, even without Section 331 of Title 58 provides personal representative must file the the presentment of the claim, where the format for the notice, which claim with the court clerk within the estate is solvent.17 Keep in mind, typically must include a present- 30 days.11 Rejected claims, however, however, a debt that is otherwise ment date at least two months do not require approval by the barred by the statute of limita- out.8 Publication schedules vary judge, but notice of rejection must tions is not a debt “justly due.”18 drastically by county. Some county be mailed to the creditor within five Further, an attorney should caution newspapers only publish once a days of the rejection.12 If the personal against authorizing the personal

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 13 representative to pay debts until personal representative may elect to PART II: ISSUES RELATED TO after they have a complete picture of pay it. Even if the creditor presented COSTS OF ADMINISTRATION the entirety of the decedent’s finan- a timely, valid claim, it may not be AND CREDITOR CLAIMS cial situation, as the code imposes entitled to payment, for example, Debts Versus Claims and a priority of payments of debts, if the estate is insolvent or the only Priority of Payments discussed in greater detail infra. assets in the estate are exempt. Not all creditors are treated Generally, creditors cannot equally under the Oklahoma The Creditor’s Responsibilities bring suit against an estate without probate code. Certain debts are There may be a conflict within first presenting a claim.22 Certain entitled to priority payment and the creditor statutes and case law creditors, however, are not required should be paid as soon as funds are regarding the creditor’s obligation to file a claim in order to secure available in a solvent estate. There is, vis a vis certain types of debt, which their debt. Judgment creditors who however, a conflict between the pro- will be discussed in greater detail have placed a lien on the decedent’s real bate code and case law on this topic. below. However, generally, for the property and mortgage holders are The code and Oklahoma case law majority of debts, upon receipt of two such examples.23 However, if make numerous references to a trio the notice to creditors, a creditor such creditor does not file a claim, of debts that hold the important sta- must present a valid claim to the the creditor cannot pursue any tus of receiving priority of payment: personal representative. To be valid, deficiency from the estate. Note that funeral costs, expenses of the last ill- the claim must be signed by the creditors holding a judgment for ness and costs of administration. The creditor’s authorized representative, money must first present the claim Oklahoma Supreme Court has long include the amount owed, state to the personal representative.24 held that expenses of administra- the nature and source of the claim If the only assets in the estate are tion, including attorneys’ fees, have and, if secured, include a descrip- exempt personal property, exempt priority over every other obligation.27 tion of the security interest.19 cash and the homestead, and the Thereafter, funeral costs and expenses Fortunately for the personal decedent left a surviving spouse of the last illness rank first and second representative, with few exceptions, or minor child, such assets cannot for payment under the order of pay- the claim of a creditor who received be forced to satisfy the decedent’s ment statute,28 and funeral costs and notice but did not present the claim debts. However, the exempt personal expenses of administration are to be by the presentment date is for- property and cash may be liable for paid prior to any family allowance.29 ever barred.20 This is an important expenses of the last illness, funeral This trio of debts is also an exception point of discussion to have with a costs and costs of administration.25 to the exempt property statute, “No personal representative, particu- If the personal representative such property shall be liable for any larly where the estate at issue has has a claim against the estate, prior debts or claims against the multiple creditors. It is not unusual they must present their claim like decedent, except, when there are no for some creditors to neglect to file any other creditor, but they can- assets thereunto available, for the a claim at all, a source of great relief not approve their own claim – it payment of the necessary expenses for some clients handling an estate must be presented to the judge.26 of his last illness, funeral charges and with a lot of debt. Note that an out- Sometimes, the personal repre- expenses of administration.”30 of-state creditor who did not receive sentative might pay certain estate Further, Section 594 provides that notice has until the final decree is debts out of pocket if the estate a personal representative “as soon as entered to present a claim.21 does not yet have funds, such as he has sufficient funds in his hands, Further, creditors who fail to utilities, lawn care or a mortgage must pay the funeral expenses, and the present a valid claim (one that meets payment. These expenses do not expenses of the last sickness, and the the particulars of 58 O.S. §334 constitute a claim but are instead allowance made to the family of the discussed above) by the present- expenses of administration for decedent. He may retain in his hands ment date are also out of luck. which the personal representa- the necessary expenses of administration, For example, some creditors will tive should be repaid, possibly at but he is not obliged to pay any other simply mail a bill. Generally, this the time of the final distribution. debt or any legacy until, as pre- unsigned document will not suffice Nonetheless, where there is more scribed in this chapter, the payment to meet the statutory requirements than one heir, it is a good idea to has been ordered by the court.” of a claim. However, if the estate get approval from other heirs, or an Finally, the statutes on small estate is solvent and the personal rep- order of the court, for the repay- and summary probates likewise resentative knows it to be a valid ment of those expenses prior to the distinguish this trio from other debt, pursuant to 58 O.S. §335, the conclusion of the probate. debts and claims, requiring “proof of

14 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL payment of funeral expenses, expenses within that class, each creditor from in the areas of estate planning, 37 of last sickness and of administration such class receives a pro-rata share. Medicaid and probate in Edmond 31 and allowed claims.” Collectively, One final point of discussion is and Midwest City. He is an adjunct these statutes demonstrate that that attorneys’ fees sit comfortably professor at Rose State College, expenses of the last illness, funeral within the costs of administration municipal judge for the city of 38 costs and expenses of administra- of an estate. When such fees will Piedmont, associate judge for the tion are a unique set of debts that come from estate assets, they must be city of Bethany and a 1997 graduate 39 receive priority of payment under approved by the court. Sometimes, of the OCU School of Law. Oklahoma law. the source of payment isn’t always Given the clear edict by the clear. In such case, disclosure to the ENDNOTES Legislature that the personal repre- court of the attorney fee is the better 1. The term “personal representative” shall sentative must pay these debts, it is route. For example, if the sole heir also encompass “executor,” “executrix” and “administrator.” not unreasonable for a practitioner pays the attorney fee upfront at the 2. 58 O.S. §§331, 331.1., 352. to presume such payments must be initial consultation, at that moment, 3. 58 O.S. §352. 4. 58 O.S. §331. made regardless of if the creditor also the heir has presumably paid from 5. 58 O.S. §331.1. filed a claim. However, the Oklahoma their own assets. However, if they 6. 58 O.S. §331.2. 7. 58 O.S. §337(E); See also In re: the Estate of Supreme Court has called such think- will inherit cash from the estate, an Villines, 2005 OK 63, 122 P.3d 466. ing into question in the Estate of Pope.32 argument could be made that since 8. If the decedent died at least five years prior to the filing of the probate, or if the personal In Pope, the creditor for the cash is fungible, they essentially representative elects to file a summary administration, expenses of the decedent’s last ill- paid your fee from estate assets. the presentment date is shortened to one month. 58 ness failed to present its claim to the Requesting approval of such fee from O.S. §331. 9. 58 O.S. §332. personal representative within the the court is the much better option 10. 58 O.S. §337. statutory period outlined in 58 O.S. here, especially in light of our duty of 11. 58 O.S. §338. 12. Id. §337. 33 40 §331. Four years later, the credi- candor to the tribunal and Mansfield. 13. Id. tor’s assignee filed an application 14. Id. §339. 15. Id. §337(F)(2). for an order compelling payment CONCLUSION 16. Id. §350. of expenses of last illness. The trial The personal representative 17. Id. §335. 18. See In re: Estate of Carlin, 1977 OK CIV court held the creditor’s failure to file has an obligation to appropriately APP 55, ¶7, 572 P.2d 606. a timely claim barred its assertion of address creditor claims. The probate 19. 58 O.S. §334. 20. Id. §333. 34 the claim. After a lengthy analysis practitioner’s familiarity with the 21. Id. of the claim presentation statutes probate code’s roadmap regarding 22. Id. §341. 23. Id. §333; Stewart Drugs, INC. v. Estate of and 58 O.S. §594, the Oklahoma the treatment, priority and payment Funnell, 2001 OK CIV APP 7, 16 P.3d 1134. Supreme Court agreed, holding that of creditor claims, coupled with 24. 58 O.S. §346. 25. Id. §312. a creditor for the expenses of the detailed instructions to their client, 26. Id. §351. last illness must also present a valid will assure the personal repre- 27. See Tims Funeral Home v. Phillips, 1972 35 OK 121, ¶¶8-14, 501 P.2d 493. claim. However, not all the justices sentative can efficiently meet this 28. 58 O.S. §591. agreed with the holding, and one obligation, and they have been com- 29. Id. §315. 30. Id. §312. dissenting judge offered reasons petently represented and counseled. 31. Id. §§241, 247. as to why he believed the court got 32. In re: the Estate of Pope, 1986 OK 72, 733 P.2d 396. it wrong, including its failure to 33. Id. at ¶8, 399. recognize the Legislature intended ABOUT THE AUTHORS 34. Id. at ¶2, 397. 35. Id. at ¶8, 399. to treat certain debts, such as those Shanika Chapman is an 36. Id. at of the last illness, differently than attorney with Oklahoma 37. 58 O.S. §§591, 593. other claims.36 It will be interesting 38. See Tims Funeral Home v. Phillips, 1972 Estate Attorneys PLLC OK 121, ¶¶8-14, 501 P.2d 493. to see how this apparent conflict in in Oklahoma City and 39. State ex rel. Oklahoma Bar Association v. the law may develop in the future. practices in the areas of probate and Mansfield, 2015 OK 22, 350 P.3d 108, states in pertinent part as follows: Once the personal representa- estate planning. She received her J.D. Oklahoma law clearly requires prior court tive has received all the debts of from the OCU School of Law in 2013. approval for the payment of any and all fees for such services regardless of whether an the estate, Sections 591 and 593 attorney acts as special administrator, personal collectively delineate the order of H. Terrell Monks is representative, executor, or attorney for an estate. Probate judges and the practicing bar payment, organizing each group of the senior attorney must exercise diligence to ensure fees are not debts by “classes” and instructing of Oklahoma Estate removed from an estate without court approval. 40. Id. that where the estate lacks the funds Attorneys PLLC, where to pay the entirety of the claims he practices primarily

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 15 Probate How to Know When You Need to File a Probate By Sarah Stewart and Hiba Jameel

KLAHOMA LAW GENERALLY ALLOWS for three different probate procedures. OFirst, is the traditional probate procedure under Oklahoma Statutes Title 58, generally. Second, is summary administration under 58 O.S. §246. Third, is an ancillary proceeding under 58 O.S. §677. Probate procedures include intestate probates, where the decedent does not have a last will and testament and testate probates, where the decedent does have a last will and testament. Intestate probates follow the intestacy rules in the Oklahoma Statutes.1

Though Oklahoma law provides estate, the joint owner will need conveys or acquires real property direction for probate procedures in to file an affidavit of surviving in the trust’s name, the trustee certain situations, Oklahoma also joint tenant and certified death must file a memorandum of allows for circumstances where a certificate in the county where trust with the county clerk in probate does not need to be filed. the property is located.3 the county where the real estate If any of the following situations If the property owned by the is located.4 apply to your case, you do not need decedent is held jointly with A trust is only as good as what to file a probate. rights of survivorship, the prop- you put in it. If a piece of prop- erty will pass to the surviving erty is not properly titled into the WHEN ALL ASSETS ARE owner entirely at the death of the trust and does not meet one of the OWNED JOINTLY WITH RIGHTS joint owner. However, if the joint other circumstances discussed OF SURVIVORSHIP, AND THERE owner died without transferring herein, the property will need to IS A SURVIVING OWNER the property in one of the ways go through one of Oklahoma’s Many assets can be owned by described herein, the property probate processes. more than one person as joint ten- will have to go through probate. ants with rights of survivorship. WHEN BENEFICIARIES That includes bank accounts, auto- WHEN ALL ASSETS ARE ARE NAMED mobiles and even real property. OWNED BY A TRUST When you set up securities and Under Oklahoma law, an account One estate planning tool used security accounts,5 the issuing held jointly in the names of more often to avoid probate is a trust. A company often asks the owner to than one person is presumed to trust avoids the probate process name beneficiaries for the accounts. pass to the surviving owner, out- because all the assets titled into Oklahoma law recognizes those side of the decedent’s estate.2 the trust are owned by the trust beneficiaries as the rightful owners Additionally, real estate can be at the owner’s death. So, there is of the asset after the owner dies, owned by more than one person no need for the court process of and property named with ben- as joint owners with rights of probate to transfer the assets. eficiaries will pass outside the survivorship and pass outside the Trustees can usually man- probate estate.6 Similarly, some decedent’s estate. However, if the age personal and real property kinds of insurance policies allow surviving joint owner seeks to with the powers granted to them owners to name beneficiaries for claim the real estate outside the under the trust. When the trustee the funds. In order to retrieve

16 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL the assets, the beneficiaries must provide proof of death of the last surviving owner. In Oklahoma, account hold- ers can also name payable on death beneficiaries to their bank accounts through each individual bank’s process. A payable on death beneficiary will inherit the asset directly upon proof of death, with- out the need for probate, just as other beneficiaries would.7 If there is no surviving beneficiary or pay- able on death beneficiary named, the assets will become part of the estate. That means a probate must be opened to transfer the property to the decedent’s heirs. A similar option exists for real estate; however, the process for claiming the property is more stringent. Transfer on death deeds are deeds that allow a real property owner to name a beneficiary for the owner’s property at the owner’s death. The deed must be filed in the county clerk’s office in the county where the property is located in order to claim the property upon the owner’s death. For owners who die after Nov. 1, 2011, the beneficia- ries must file an affidavit to claim their interest in the property and proof of death at the county clerk’s office in the county where the prop- erty is located within nine months of the owner’s death. Otherwise, the property will revert back to the estate and require probate.8

THE OKLAHOMA BAR JOURNAL Also, similar to other beneficiary testament or not, as long as no one Hiba Jameel is a third- designations, if the beneficiary of a has filed a petition for the appoint- year law student at the transfer on death deed predeceases ment of a personal representative. OCU School of Law. She the decedent, the property becomes An affidavit of known heirs can holds a bachelor’s degree 9 part of the decedent’s estate. As only be used when the decedent in translation from her such, it will have to go through the did not have a last will and testa- native country, Iraq, and a master’s 14 probate process to transfer title from ment. There is no requirement in in international relations from the the decedent to the decedent’s heirs. the statute as to the disposition of University of Central Oklahoma as a a petition for the appointment of Fulbright scholar. Her diverse career WHEN THE PROPERTY IS personal representative. ranges from nonprofit to legal support. PERSONAL PROPERTY WITH An exception to the $50,000 value A VALUE LESS THAN $50,000 applies to property held by the state ENDNOTES Severed mineral interests can treasurer as unclaimed property. 1. 84 O.S. §213. be transferred with an affidavit of Under the treasurer’s rules, the 2. Romine v. Pense (In re Estate of Metz), 2011 OK 26, ¶6, 256 P.3d 45, 48-49. death and heirship in the county state treasurer can only accept an 3. 58 O.S. §912. clerk’s office where the property is affidavit on property with a value 4. 60 O.S. §175.6a. 10 15 5. 71 O.S. §902. located. However, in order for the of less than $10,000. In 2006, the 6. 71 O.S. §908. affidavit to transfer marketable title, state treasurer submitted a question 7. 6 O.S. §901, 18 O.S. §381.39a. 8. 58 O.S. §§1251 – 1258. it must state the decedent had no last to the attorney general to clarify if 9. 58 O.S. §1255. will and testament, or if there was a 58 O.S. §393 applied to unclaimed 10. 58 O.S. §393 (d). 11. 16 O.S. §67. will, the will was never probated, or property held by the treasurer’s 12. 58 O.S. §393. if the will was probated, the mineral office. The attorney general found 13. 6 O.S. §906. 14. 6 O.S. §906. interests were left out of the probate. the new statute did not override 60 15. 60 O.S. §674.2. If there is a will, it must be attached O.S. §674.2.16 Therefore, any claims 16. Question submitted by Scott Meacham, Oklahoma state treasurer, 2006 OK AG 21. to the affidavit, and if there was a for unclaimed property through the 17. 60 O.S. §674.2 (1) – (3). final decree in a probate, it must be Oklahoma State Treasurer’s Office attached to the affidavit. The affi- over $10,000 require a probate or davit must be on file in the county proof of a trust or quiet title action.17 clerk’s office in the county where the property is located for 10 years with CONCLUSION no documents inconsistent with the Probate can be a costly and affidavit filed with the clerk before stressful process for families who the title becomes marketable.11 are already grieving the death of Personal property is different a loved one. Luckily, Oklahoma than real estate. Personal property law provides families with other generally includes bank accounts, options. When the previous four certificates of deposit, stocks, circumstances are present, a dece- bonds and most other property dent’s loved one will not have to that is not real estate. As long as go to court and start a probate. the decedent’s personal property within the state of Oklahoma, minus liens and encumbrances, is ABOUT THE AUTHORS $50,000 or less, the heirs can trans- Sarah C. Stewart fer the property with an affidavit. graduated from the Under Oklahoma law, heirs can OCU School of Law and use an affidavit of tangible personal practices in Edmond. property12 or an affidavit of known She focuses her estate heirs13 and provide the affidavit planning practice on helping and proof of death of the owner to families understand and plan for the company or person holding the their specific goals throughout their property to transfer the property to lifetimes. She has helped Oklahoma them. An affidavit of tangible per- families with guardianship, estate sonal property can be used whether planning and probates since 2009. the decedent had a last will and

18 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL

Probate Good Grief! Why Choose a Summary Probate? By Frank Hinton

20 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL TTORNEYS LOVE A CLIENT who has everything together – the estate plan was put together, Athe will is clear and unambiguous and there are organized records for all real and personal property, and maybe there is even a detailed trust agreement. Your client has done everything right. No wonder the client feels angry and betrayed when you let them know probate proceedings are necessary. Maybe some piece of real property was never conveyed to the trust. Maybe the client believes an out-of-state probate in the decedent’s domiciliary jurisdiction should be sufficient. Or maybe the client just misunderstands that a will does not avoid probate. Cue the five stages of grief.

Oklahoma statutes provide four of Division Order Analysts, Oklahoma valued at less than $50,000 but is inef- different procedures for probate or Division of the Mid-Continent Oil & fective to transfer any real property.4 administration of a decedent’s estate. A Gas Association and the Oklahoma full probate provides the most flexibil- Independent Petroleum Association ANGER ity for contingencies, such as the sale of to address fractionalization of oil and We get it. Your out-of-state client estate property or complicated heir- gas mineral interests. The result of this suspects that requiring a second ship disputes. Section 58 O.S. §241 is collaboration was House Bill 2141, passed probate is a scam to keep Oklahoma specifically designed for estates under in the 1998 session of the Oklahoma lawyers gainfully employed, but there $150,000. Section 58 O.S. §677 pro- Legislature.2 Thus, summary adminis- is good reason for a separate Oklahoma vides for ancillary proceedings if the tration is particularly suited to oil and probate. Oklahoma is not a commu- decedent was domiciled in a different gas mineral interests but may be used nity property state and has different state. However, attorneys frequently in a variety of situations. A §245 probate statutes with regard to what happens run into the problem that 58 O.S. §677 can significantly lessen the grief typical to property when a person dies with- requires an order distributing estate probate proceedings can engender. out a will. Those are the obvious cases, from the domiciliary estate. Good luck but everything from creditors' rights to getting one of those out of Texas where DENIAL statutes of limitations is going to be at independent administration does Your client yearns to explain to you least slightly different in Oklahoma. For not require an order distributing the why probate should not be necessary. example, there is no statute of limitations estate.1 The subject of this article is 58 Perhaps the client has properly probated on probating a will in Oklahoma. Maybe O.S. §245, which can shorten the time- the decedent’s estate in the domiciliary your client lost out on an inheritance frame by more than half compared to a state and believes no probate is required. because a will was located only after it full probate and has broader uses than Unfortunately, only Oklahoma district could no longer be legally probated in either a 58 O.S. §241 summary probate courts have jurisdiction over administra- the domiciliary state. Guess what? The or a 58 O.S. §677 ancillary probate. tion of decedents’ estates with regard to will can still be probated in Oklahoma, The summary administration real property in Oklahoma.3 Marketable and your client may be able to inherit proceedings described in 58 O.S. §245- title to real property will likely require real property in Oklahoma while real 47 were initiated by an industry group an Oklahoma probate. A small estate property in another state was forfeited formed by the National Association of affidavit may be used in situations where by failure to timely probate the will Royalty Owners, National Association the estate consists of personal property in that other jurisdiction.5 So, for every

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 21 case where a summary probate is is valued at $200,000 or less, 2) the legal descriptions of all real property. just another headache, there is also decedent has been dead for more than With this information, you can begin to the possibility for a second chance to five years or 3) the decedent resided prepare pleadings. Forms are available assert your client’s rights and achieve in another state at the time of death.8 in a 1999 bar journal article on the same a more positive outcome. Compare this to an ancillary proceed- topic.10 Prior to using these forms, please ing (which requires an out-of-state be aware 58 O.S. §246 was amended such BARGAINING decedent and an order distributing the that objections may now be filed any Can your client get away with an estate in the domiciliary proceeding) time before the final hearing. Previously, affidavit of death and heirship or a or a 58 O.S. §241 summary proceed- objections were required to be filed at small estate affidavit? Maybe, for a time. ing (which requires assets less than least 10 days before the final hearing.11 Affidavits of death and heirship have a $150,000). This narrow statutory use for severed oil and makes a §245 gas interests after the affidavit has been summary pro- recorded for 10 years.6 One problem bate a great one- with affidavits of death and heirship is stop-shop for a if the decedent died with a will, the stat- variety of cases. ute does not say whether to credit those Summary pro- who would have inherited under the bate can be a will or those who would have inherited great option for had the decedent died without a will. It mineral own- appears there was legislation introduced ers because to clarify this, but such legislation has they usually not yet passed the Oklahoma Senate.7 fall into one of It may be worth the trouble to these three cat- bargain in this phase. As to severed egories and fre- mineral interests, it might be that your quently fall into all three. Summary Venue is jurisdictional12 and fixed client can get by with an affidavit of probate can also be useful where the by statute in 58 O.S. §5, which requires heirship, but it may be an opportunity major asset passing through probate that probate or administration proceed- to remind your client that ultimately is the decedent’s home, given the ings are to be held (in order of priority):13 a probate will probably be necessary median price for homes in Oklahoma and as with most legal problems, is around $128,934.9 The option to use 1) In the county of which the could become more complicated and summary probate in cases where the decedent was a resident at the more costly as time goes on. decedent has been dead for more than time of their death, regardless five years creates a use case for fam- of where they died. DEPRESSION ilies that may be living in a parent or 2) In the county in which the So far, this article has discussed grandparent’s home but never needed decedent died, leaving an alternatives to a summary probate. At clear title until five years passed. estate therein, the deceased not the end of the day, if the decedent died being a resident of this state. owning an interest in real property ACCEPTANCE 3) In the county in which any in Oklahoma or personal property Now that you have walked your cli- part of the estate of the valued at more than $50,000, a probate ent through the five stages of grieving, deceased may be, where the is going to be necessary. Perhaps your assuaged some fears about probate and decedent died out of this client is still grieving the loss of a loved established the available uses for sum- state, and the decedent was one. Probate is complicated, expensive mary administration, it is important not a resident of this state at and stressful, right? Explaining the to understand the procedure. the time of his death. basics of Oklahoma summary probate Initially, it will be important to 4) In the county in which any can alleviate that frustration at the collect the relevant information from part of the estate may be, and necessity of a probate. While a full the client, including the decedent’s the decedent was not a resident probate will typically take at least six date and residence at death, whether of this state but died within it months and at least two hearings, a the decedent died testate, whether any and did not leave an estate in summary probate can take as little as administration or probate proceedings the county in which he died. two months and only a single hearing. have been conducted elsewhere, names 5) In all other cases, in the A summary probate in Oklahoma and addresses of any heirs, devisees county where an application is available if 1) the decedent’s estate or named executors of the decedent and for letters is first made.

22 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL The summary administration the court. As many certified copies of combined notice. Additionally, the statute does an excellent job of set- of the petition and combined notice affidavit of nonmailing to creditors ting forth exactly what should be as required to mail to all interested (prepared by the client in the initial included in the petition and the com- parties as well as certified copies of the packet) and the affidavit of publica- bined notice. One could prepare both combined notice required for publication tion (prepared and hopefully timely these initial pleadings by looking at should be included with instructions to received from the publisher) should §§245 and 246, respectively, so repeat- return. It is common practice to contact be filed. ing the requirements in full is unnec- the judge’s office prior to mailing these Assuming all notices have been essary. If the decedent died testate, pleadings to schedule a final hearing sent and proof of all required notices either the original will or a certified date to be entered in the combined have been filed in the form of an copy should be attached to the petition, notice and the order for combined notice. affidavit, the last item on the list is the and the petition should be verified by By statute, the final hearing should final hearing. If no party objects or the client. It helps to understand the be set for 45 days or more from the appears at the hearing to object, the petition seeks 1) immediate relief in the order for combined notice.16 However, judge will sign your proposed final form of appointing a special adminis- as the presentment date for creditors' order. Copies of the final order should trator and ordering combined notice claims must be within 30 days of the be mailed to all interested parties, and to interested parties and creditors and order for combined notice, and the final an affidavit of mailing of final order 2) seeks relief at the time of the final account must be filed at least 20 days should be filed. And with that, you hearing in the form of admitting the before the final hearing,17 you should have hopefully saved your client some will to probate, determining the heirs, not schedule the hearing less than of the grief a full probate can entail. devisees and legatees of the decedent, 50 days from the order for combined approving the final account, distrib- notice. It is best to set the final hearing uting the property of the decedent at least two months out from the antici- ABOUT THE AUTHOR and discharging the personal repre- pated time the petition will be filed and Frank Hinton is an sentative. Because the will, if any, will an order for combined notice issued. Oklahoma City attorney not be admitted to probate until the Within 10 days of issuance of specializing in probate, final hearing, a special administrator the order for combined notice, the quiet title and oil and gas is used rather than an executor.14 The combined notice must be mailed to title examination. He is “combined notice” simply combines all interested parties and creditors and a frequent speaker on oil and gas notice to creditors with notice of relief first published once each week for two legal topics and has been with the sought in the petition to all heirs, consecutive weeks in the county’s paper law firm of Elias, Books, Brown and devisees, legatees, executors and for published legal notices.18 All credi- Nelson PC since 2008. other interested parties. tors’ claims are barred if not presented Once venue is chosen, relevant to the personal representative within 30 ENDNOTES 1. Tex. Prob. Code Ann. §145. facts are determined and the will, if days following the entry of the order for 2. Donald F. Heath Jr., Oklahoma’s New any, has been obtained, the petition combined notice.19 However, objections Summary Probate Act: Reducing the Time and Expense of Probate, 70 OKLA. B.J.2283 (1999). for summary administration, letters to the petition can be made at any time 3. Pennoyer v. Neff, 95 US 714, 720 (1877). of special administration and affida- before the final hearing.20 The §245 4. 6 O.S. §906. 5. Mitchell v. Cloyes, 620 P.2d 398, 402 (Okla. 1980). vit of nonmailing to creditors can be summary administration statute says 6. 16 O.S. §67. prepared and mailed to the client as little about a final accounting other than 7. 2019 OK H.B. 1223. 8. 58 O.S. §245. a packet to execute and return. If it is it can be waived, according to 58 O.S. 9. www.businessinsider.com/average-home- not anticipated any funds will be han- §541 (by parties entitled distribution or prices-in-every-state-washington-dc-2019-6?op=1#48- oklahoma-128934-4 (accessed on Sept. 15, 2020). dled in the summary administration if the personal representative is the sole 10. Heath, supra note 2, at 2291. and there will be no creditors’ claims, recipient). Section 58 O.S. §§541-57 sets 11. 2013 Okla. Sess. Law Serv. Ch. 144 (H.B. the final account may be prepared in forth all requirements for final account- 1547) (West). 12. Presbury v. County Court of Kay County, advance and sent to the client as well. ing and notice of final accounting for 213 P. 311 (Okla. 1923). In the alternative, waivers of final full administration or probate proceed- 13. In re Estate of Fulks, 2020 OK 94, ¶24, __ P.3d __, (holding, “Pursuant to §5, venue is 15 accounting may be obtained. ings. As such, some lawyers follow, and prioritized and lies first and foremost in the county Once received back from the client, in the author’s experience, some judges where the decedent resided at the time of death.”). 14. Heath, supra note 2, at 2284. the petition, letters of special administra- require the final account to be filed 20 15. 58 O.S. §541. tion, combined notice, proposed order for days or more before the final hearing.21 16. Id. §246(D). 17. Id. §553. combined notice and granting of letters At the same time, you should prepare 18. Id. §246(C). of special administration and waivers of and file the affidavit of mailing of final 19. Id. §246(B)(10). 20. Id. §246(B)(8). final accounting, if any, can be mailed to account and the affidavit of mailing 21. Id. §553.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 23 NOTICE OF INVITATION TO SUBMIT OFFERS TO CONTRACT

THE OKLAHOMA INDIGENT DEFENSE SYSTEM BOARD OF DIRECTORS gives notice that it will entertain sealed Offers to Contract ("Offers") to provide non-capital trial level defense representation during Fiscal Year 2022 pursuant to 22 O.S. 2001, '1355.8. The Board invites Offers from attorneys interested in providing such legal services to indigent persons during Fiscal Year 2022 (July 1, 2021 through June 30, 2022) in the following counties: 100% of the Oklahoma Indigent Defense System caseloads in THE FOLLOWING COUNTIES:

CANADIAN, COMANCHE, COTTON, GARFIELD, GRADY, GRANT, JEFFERSON, STEPHENS

Offer-to-Contract packets will contain the forms and instructions for submitting Offers for the Board's consideration. Contracts awarded will cover the defense representation in the OIDS non-capital felony, juvenile, misdemeanor, traffic, youthful offender and wildlife cases in the above counties during FY-2022 (July 1, 2021 through June 30, 2022). Offers may be submitted for complete coverage (100%) of the open caseload in any one or more of the above counties. Sealed Offers will be accepted at the OIDS offices Monday through Friday, between 8:00 a.m. and 5:00 p.m.

The deadline for submitting sealed Offers is 5:00 PM, Thursday, March 11, 2021.

Each Offer must be submitted separately in a sealed envelope or box containing one (1) complete original Offer and two (2) complete copies. The sealed envelope or box must be clearly marked as follows:

FY-2021 OFFER TO CONTRACT TIME RECEIVED: COUNTY / COUNTIES DATE RECEIVED:

The Offeror shall clearly indicate the county or counties covered by the sealed Offer; however, the Offeror shall leave the areas for noting the time and date received blank. Sealed Offers may be delivered by hand, by mail or by courier. Offers sent via facsimile or in unmarked or unsealed envelopes will be rejected. Sealed Offers may be placed in a protective cover envelope (or box) and, if mailed, addressed to OIDS, FY-2022 OFFER TO CONTRACT, P.O. Box 926, Norman, OK 73070-0926. Sealed Offers delivered by hand or courier may likewise be placed in a protective cover envelope (or box) and delivered during the above-stated hours to OIDS, at 111 North Peters, Suite 500, Norman, OK 73069. Please note that the Peters Avenue address is NOT a mailing address; it is a parcel delivery address only. Protective cover envelopes (or boxes) are recommended for sealed Offers that are mailed to avoid damage to the sealed Offer envelope. ALL OFFERS, INCLUDING THOSE SENT BY MAIL, MUST BE PHYSICALLY RECEIVED BY OIDS NO LATER THAN 5:00 PM, THURSDAY, March 11, 2021 TO BE CONSIDERED TIMELY SUBMITTED.

Sealed Offers will be opened at the OIDS Norman Offices on Friday, March 12, 2021, beginning at 9:30 AM, and reviewed by the Executive Director or his designee for conformity with the instructions and statutory qualifications set forth in this notice. Non- conforming Offers will be rejected on Friday, March 12, 2021, with notification forwarded to the Offeror. Each rejected Offer shall be maintained by OIDS with a copy of the rejection statement. NOTICE OF INVITATION TO SUBMIT OFFERS TO CONTRACT

Copies of qualified Offers will be presented for the Board's consideration at its meeting on Friday, March 26th, 2021, at a place to be announced.

With each Offer, the attorney must include a résumé and affirm under oath his or her compliance with the following statutory qualifications: presently a member in good standing of the Oklahoma Bar Association; the existence of, or eligibility for, professional liability insurance during the term of the contract; and affirmation of the accuracy of the information provided regarding other factors to be considered by the Board. These factors, as addressed in the provided forms, will include an agreement to maintain or obtain professional liability insurance coverage; level of prior representation experience, including experience in criminal and juvenile delinquency proceedings; location of offices; staff size; number of independent and affiliated attorneys involved in the Offer; professional affiliations; familiarity with substantive and procedural law; willingness to pursue continuing legal education focused on criminal defense representation, including any training required by OIDS or state statute; willingness to place such restrictions on one's law practice outside the contract as are reasonable and necessary to perform the required contract services, and other relevant information provided by attorney in the Offer.

The Board may accept or reject any or all Offers submitted, make counter-offers, and/or provide for representation in any manner permitted by the Indigent Defense Act to meet the State's obligation to indigent criminal defendants entitled to the appointment of competent counsel.

FY-2022 Offer-to-Contract packets may be requested by facsimile, by mail, or in person, using the form below. Offer-to-Contract packets will include a copy of this Notice, required forms, a checklist, sample contract, and OIDS appointment statistics for FY-2017, FY-2018, FY-2019, FY-2020 and FY-2021 together with a 5-year contract history for each county listed above. The request form below may be mailed to OIDS OFFER-TO-CONTRACT PACKET REQUEST, P.O. Box 926, Norman, OK 73070-0926, or hand delivered to OIDS at 111 North Peters, Suite 500, Norman, OK 73069 or submitted by facsimile to OIDS at (405) 801-2661.

REQUEST FOR OIDS FY-2022 OFFER-TO-CONTRACT PACKET

Name OBA #

Street Address Phone

City, State, Zip Fax

County / Counties of Interest Probate When and How to Use Oklahoma’s Affidavits Instead of Probate By Sarah Stewart and Hiba Jameel

NE OF THE HARDEST THINGS we face in our lives is the death of a loved one. The Ogrief and stress associated with that loss can be overwhelming. Adding the costs, com- plexities and pressure of going to court for probate can be crippling. Luckily, Oklahoma’s Legislature recognized the pain this process can bring to families. So, they passed laws allowing Oklahoma families to avoid probate for certain estates.

This article will cover when to Thus, for personal property held must be signed by or on behalf of use Oklahoma’s affidavit of tan- outside the state treasurer’s office, the successors in interest and deliv- gible personal property, affidavit an affidavit of tangible personal ered to each individual or company of death and heirship for severed property allows heirs 10 or more holding the assets of the decedent. mineral interests1 and affidavit of days after a loved one has passed known heirs2 instead of probate. to submit an affidavit to anyone AFFIDAVIT OF DEATH AND who owes the deceased money HEIRSHIP FOR SEVERED AFFIDAVIT OF TANGIBLE or has the deceased’s personal MINERAL INTERESTS PERSONAL PROPERTY property in their possession. The The statute allowing for an affi- The Oklahoma Legislature affidavit can be used whether davit of tangible personal property originally enacted the statute the decedent had a last will and to transfer an estate’s personal allowing an affidavit of tangible testament or not. But the total assets also allows for an affidavit of personal property to transfer value of the Oklahoma estate of the death and heirship to transfer sev- personal assets to heirs without a decedent must be under $50,000. ered mineral interests to an heir.5 probate in 1998. Since that time, the An “estate,” as used in the statute, The affidavit must be filed with the value of an estate that an heir can does not include any property that county clerk in the county where use the affidavit for has steadily would not be subject to probate. the property is located. The affi- increased. When the value of the Additionally, the affidavit cannot davit must state the decedent died estate surpassed the value allowed be used if there is a petition for the without a last will and testament; by the Oklahoma state treasurer to appointment of a personal repre- if the decedent had a last will and accept an affidavit for unclaimed sentative filed or granted.4 testament, it was never probated, property, the treasurer sought clari- The affidavit must set forth the and the last will and testament is fication of the conflict. A 2006 attor- heirs entitled to distribution and attached; or the last will and testa- ney general’s opinion stated the the amount each heir is entitled to ment was probated, but the prop- Oklahoma state treasurer retains receive. The affidavit must state erty was left out of the final decree, the maximum permitted in 60 O.S. all debts and taxes of the estate and the final decree is attached.6 §674.2 in regard to unclaimed prop- have been paid, negotiated or are However, filing the affidavit erty held by the treasurer’s office.3 otherwise barred, and the affidavit does not give the heir immediate

26 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL marketable title. In order for the title require statements from the affiant ABOUT THE AUTHORS of the property to be marketable, that a petition for appointment of Sarah C. Stewart the affidavit must have been on personal representative has not graduated from the record in the county clerk’s office been filed or granted. OCU School of Law and in the county where the property is practices in Edmond. located for 10 years, and there must PENALTIES AND FINES She focuses her estate be no filings of documents incon- Both statutes assess penalties planning practice on helping sistent with the affidavit. The strict and fines against those who submit families understand and plan for requirements for marketability of knowingly false affidavits. The their specific goals throughout their title under the statute limit a client’s penalties are the same in 58 O.S. lifetimes. She has helped Oklahoma ability to sell and sometimes lease §393 and 6 O.S. §906. Those who families with guardianship, estate their mineral interests. Due to that knowingly submit a false affidavit planning and probates since 2009. fact, clients may choose a probate are subject to a fine of up to $3,000 over using the affidavit. and possible imprisonment of up to Hiba Jameel is a third- six months or both. The false affiant year law student at the AFFIDAVIT OF KNOWN HEIRS will be expected to pay restitution to OCU School of Law. She An affidavit of known heirs the rightful heirs of the decedent. holds a bachelor’s degree can be used when the amount of in translation from her “aggregate deposits held in sin- CONCLUSION native country, Iraq, and a master’s gle ownership in the name of the Oklahoma law allows families in international relations from the deceased” at the institution is less to transfer the assets of a deceased University of Central Oklahoma as a 7 than $50,000. While the affidavit loved one without a probate in Fulbright scholar. Her diverse career of tangible personal property may limited situations. If you find your ranges from nonprofit to legal support. be used with any individual or client’s situation meets the right company that holds a personal criteria, you can save them money ENDNOTES asset of the decedent, the affida- and stress by drafting an affida- 1. 58 O.S. §393. vit of known heirs is restricted to vit of tangible personal property, 2. 6 O.S. §906. 8 3. Question submitted by Scott Meacham, banks and credit unions. To use affidavit of death and heirship or Oklahoma state treasurer, 2006 OK AG 21. the affidavit, the decedent must not an affidavit of known heirs. 4. 58 O.S. §393 (A). 5. 58 O.S. §393 (D). have left a last will and testament. 6. 16 O.S. §67. Additionally, the statute does not 7. 6 O.S. §906. 8. 6 O.S. §906 (A)(1).

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 27 Probate The New Public Handbooks for Oklahoma Minor and Adult Guardianships By A. Daniel Woska

UARDIANSHIPS ARE OFTEN A PART OF ESTATE PLANNING, either intentionally Gor as a result of an unexpected circumstance. The express purpose of the Oklahoma Guardianship Act1 is to promote the general welfare by establishing a system of general and limited guardianships for minors and incapacitated persons.2 The system established by the act is intended to allow the “participation of such persons, as fully as possible, in the decisions which affect them.”3 In this regard, the courts handling guardianships are to encourage maximum self-reliance and independence by the incapacitated person and make orders only to the extent necessary, given the ward’s limitations.4

CREATION OF NEW HANDBOOK REQUIREMENTS conservators, including GUARDIANSHIP UNDER 30 O.S. §1-124 statutory notices, timeta- HANDBOOKS As stated above, §1-124 now bles and required court In May 2019, the Oklahoma requires the OBA (rather than the approvals. Legislature amended 30 O.S. §1-124 AOC) to prepare guardianship An emphasis on the signif- of the Oklahoma Guardianship handbooks. Prior to 2019, the AOC icance of timely account- Act, which requires a handbook was also required to provide the ability to the court and the for guardians and conservators.5 handbooks to district court clerks.7 ward and The Administrative Office of the Under the amended statutes, the Sanctions and penalties for Courts (AOC) had previously AOC no longer has to distribute failure to comply with the prepared and updated the hand- paper copies and is now only law or orders of the court.9 book as required under the act, but required to provide a link to the the amendments to §1-124 shifted handbook on the OSCN website SEPARATE HANDBOOKS responsibility for the handbook to at www.oscn.net.8 FOR ADULTS AND MINOR the Oklahoma Bar Association.6 Further requirements under GUARDIANSHIPS The OBA asked the Estate Planning §1-124 for the handbook are: There are generally two Probate and Trust Section (EPPT) types of guardianships – adult to work on the updates. This article Written in clear, simple guardianships and minor guard- will discuss the changes to the language; ianships. Adult and minor guard- guardianship handbooks imple- Information about the ianships were included together mented pursuant to §1-124. laws and procedures that in the prior handbook.10 However, apply to guardianships and due in part to the continued conservatorships; increase in the number of “pro A summary of the se” filings by nonlawyers and the duties of guardians and need for more information and

28 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL forms to be available for these potential nonlawyer guardians, the OBA determined there should be separate handbooks for minor and adult guardianships. As a result, the EPPT formed two subcommittees: one to prepare the Adult Guardianship Handbook (AGH) and the other to prepare the Minor Guardianship Handbook (MGH). The two new handbooks were completed and posted on OSCN in June 2020.11

CONSIDERATIONS BY THE SUBCOMMITTEES IN CREATING THE NEW HANDBOOKS When a guardianship is initi- ated, there is usually a party, either an adult or a minor, who is in need of a guardian for a variety of reasons. The reasons may become more important in the adult guardianship realm because they often involve mental or physical conditions that serve to limit the ability of an individual to properly conduct their own business. In connection with a minor guardianship, it is often filed because parents are unable to care for their children for a variety of reasons, e.g., due to drug and alcohol addiction or incarcera- tion. In those cases, it is often a

FEBRUARY 2021 | 29 grandparent, aunt, uncle or close a period of time when an indi- A guardian’s accountability friend who takes on the duties and vidual’s needs may compel the to the court (Section VIII), responsibilities of the guardian for assistance of a guardian through including the guardian’s the minor child. The minor child the court procedure. duties under the act20 requires a guardian to be available Accountability to the ward for such things as the administra- HANDBOOK OVERVIEW (Section IX), which details tion of medical assistance, financial FOR GUARDIANS OF MINOR duties owed by the guard- assistance, to engage with the public CHILDREN ian to the ward21 school system and to legally sign Section I of the MGH provides Confidentiality (Section off on documents that are necessary general information on the guard- X) of certain confidential and appropriate for the child who ianship of minors under Oklahoma information submitted is going to school. Once the minor law and advice on when an attor- during proceedings22 reaches the age of 18, the guardian- ney should be consulted.12 Section II Sanctions and penalties for ship terminates unless the minor contains key definitions from noncompliance (Section XI)23 is suffering from a disability that the act relevant to guardianships An overview of the Indian may require the court to address of minors under 30 O.S. §1-111.13 Child Welfare Act (Section the need for adult guardianship. Section III provides an overview XII) and its applicability to The process of gaining guard- of the types of guardianships over the guardianship of minors24 ianship requires the filing of plead- a minor, including general and A list of helpful state and ings. Prior to the filing of those limited guardianships,14 emergency federal resources for guard- pleadings, an effort must be made guardianships15 and guardianships ians of minors25 to provide sufficient statutorily by power of attorney.16 required background information Further sections of the MGH Probably the most important to the court to serve as a basis for provide more specific information resource included with the MGH the granting of the guardianship. as to: is a separate link with a detailed The guardianship statutes make it step-by-step checklist for obtaining clear the court must weigh and bal- Who may be appointed as a guardianship of a minor, which ance the desire to ensure the ward guardian (Section V)17 contains all the necessary forms of the court is allowed to handle Statutory notices required (which should also be helpful to matters as capably and competently under 30 O.S. §2-201 attorneys practicing in this area).26 as possible with the assistance of (Section VI)18 The forms provided with the the guardian. Guardianships are Required court approvals handbook are: never forever – they are granted for (Section VII)19 Background check forms Decree and order appoint- ing a guardian Guardian ad litem datasheet Information sheet Letters of guardianship Nomination of a guardian by a minor 14 years of age or above Notice for hearing peti- tion for appointment of a guardian Order for hearing peti- tion for appointment of a guardian Pauper’s affidavit Petition for letters of guard- ianship (minor) Petition exhibit “a” Petition exhibit “b”

30 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL Petition for custody by An introduction to conser- Consent by the ward to the abandonment vatorships (Section XII)39 appointment of conservator Plan for the care and treat- An overview of the Order of court identifying ment of the ward(s) Veterans Volunteer who receives notice of the Plan for the management of Guardianship Act (Section petition for conservatorship the property of the ward(s) XIII)40 Order appointing a Waiver of notice and/or A list of state and federal conservator consent to the appointment resources for guardians Affidavit of mailing ini- of a guardian of adults41 tial report and plan of management HANDBOOK OVERVIEW FOR As with the MGH, the AGH Letters of conservatorship GUARDIANS OF ADULTS also provides a separate link that Oath of conservator As with the MGH, the AGH contains the necessary forms for Initial report of conservator provides general information obtaining guardianship of an adult, Plan for the management of on the guardianship of adults but there is not a separate checklist.42 the ward’s estate under Oklahoma law and advice The forms provided with the Verified application and on when an attorney should be handbook are: petition for conveyance of consulted.27 Section II contains key real property definitions from the act relevant to Petition for guardianship Notice and order of hearing guardianships of adults under the Notice of petition for verified application and act.28 Section III provides an over- guardianship petition for conveyance of view of the types of guardianships Notice of hearing petition real property over an adult, including general for letters of guardianship Affidavit of mailing veri- and limited guardianships29 and Order for hearing petition fied application and peti- special guardianships.30 for guardianship tion for conveyance of real Further sections of the AGH Order appointing a general property provide more specific information guardian Motion to discharge as to: Letters of special guardian- conservator ship, guardian’s oath Notice and order of hearing Who may be appointed as a Letters of general guardian- application for discharge of guardian (Section IV)31 ship, guardian’s oath conservator Statutory notices required Affidavit of mailing and Order dissolving conser- for general guardianships personal service vatorship and discharging (30 O.S. §3-110) and spe- Order appointing a special conservator cial guardianship (30 O.S. guardian §3-115) (Section IV [sic])32 Application for special CONCLUSION Required court approvals guardianship As stated in the introduction (Section V)33 Pauper’s affidavit to both the Minor and Adult Accountability to the court Inventory of the ward’s estate Guardianship Handbooks, guard- (Section VII [sic])34 Plan for the care and treat- ianship and conservatorship laws Accountability to the ward ment of the ward are tricky, and Title 30 contains (Section VIII), which details Plan for the management of more than 100 statutory provi- duties owed by the guard- the property of the ward sions. The updated handbooks, ian to the ward35 Order approving the plans the checklist for obtaining guard- Rights of the ward (Section for care and management ianship of a minor and forms IX)36 Annual report and proposed for guardianships and conser- Confidentiality (Section plan for the care and treat- vatorships should prove to be an X) of certain confidential ment of a ward and manage- important resource to help both information submitted ment of the ward’s property lawyers and nonlawyers. during proceedings37 Guardian’s bond Sanctions and penalties for Order approving convey- non-compliance (Section XI)38 ance of real property Petition for conservatorship

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 31 Author’s Note: This article is 10. The old version, A Handbook dedicated to and would not for Guardians, can still be found at oklahomafamilynetwork.org/wp-content/ have been possible without all uploads/2018/04/Amber-McConnell- the attorney volunteers and law Guardianship-Handbook.pdf. 11. The Adult and Minor Guardianship students who worked on the Handbooks are available for review and download Handbooks for Minor and Adult at www.okbar.org/a2j/guardian. 12. A Handbook for Guardians of Minor Guardianships. The subcommittee Children at 1. This handbook is available to review members are: A. Daniel Woska, and download at www.okbar.org/a2j/wp-content/ uploads/sites/5/2020/06/Minor-Guardianship- Shannon D. Taylor, Keith Jones, Handbook-General-Information.pdf Kathleen Wallace, Sara Murphy 13. Id. at 2-6. 14. Id. at 6 (citing 30 O.S. §1-109). Bondurant, Leslie Sparks, James 15. Id. (citing 43 O.S. §110(B)(2); 43 O.S. Milton, Todd Alexander, Farrah §107.4 and 30 O.S. §2-101(B)(4)). 16. Id. (citing 10 O.S. §700). Burgess, Tsinena Thompson, 17. Id. at 6-7 (citing 30 O.S. §§2-102-105, Victoria Holland, Garrett Eller, 3-102, 4-105). 18. Id. at 7-8. Howard Henrick, Joanne Horn, 19. Id. at 9-10. Terrell Monks, Stephanie Alleman, 20. Id. at 10-13. 21. Id. at 13-14. Denis Rischard and Judge Richard 22. Id. at 15. Kirby; legal interns Ann M. Butler 23. Id. 24. Id. at 16-19. and Hannah W. Lunsford; OBA 25. Id. at 20. Executive Director John Morris 26. The MGH Checklist and Forms for Obtaining Guardianship of a Minor are available Williams; OBA Management for viewing and download at www.okbar.org/ Assistance Program Director Jim a2j/wp-content/uploads/sites/5/2020/06/Minor- Calloway; and with gratitude to Guardianship-Handbook-Checklist-and-Forms.pdf 27. A Handbook for Guardians of Adults Katheryn Koss, for sharing her at 2. This handbook is available to review and work, Grandparenting in Oklahoma, download at www.okbar.org/a2j/wp-content/ uploads/sites/5/2020/06/Adult-Guardianship- Law & Resources for Grandparents Handbook-General-Info.pdf and Other Relatives, Senior Law 28. Id. at 3-5. 29. Id. at 6 (citing 30 O.S. §1-109). Resource Center (2010). 30. Id. (citing 20 O.S. §3-115). 31. Id. at 6-7. 32. Id. at 7-9. This section is also numbered as Section IV. 33. Id. at 9-10. ABOUT THE AUTHOR 34. Id. at 11-13. A. Daniel Woska is the 35. Id. at 13-16. owner of The Woska 36. Id. at 16-17. 37. Id. at 16-17. Law Firm PLLC, located 38. Id. at 17. in the offices of Devol & 39. Id. at 17-23. 40. Id. at 23-26. Associates in Edmond. 41. Id. at 27. He concentrates his practice in 42. The Forms for Obtaining Guardianship of an Adult are available for viewing and download estate planning, estate and trust at www.okbar.org/a2j/wp-content/uploads/ administration, special needs trusts, sites/5/2020/06/Adult-Guardianship-Handbook- Checklist-and-Forms.pdf. A detailed checklist is tax planning, guardianship, trust not included with the forms. and probate litigation as well as preparing antenuptial agreements.

ENDNOTES 1. 30 O.S. 2019 §1-101, et. Seq. 2. 30 O.S. §1-103(A). 3. 30 O.S. §1-103(B). 4. Id. 5. SB 989 amended 30 O.S. 2011 §1-124, which previously required the AOC to prepare and update the handbook. SB 989 was signed by Gov. Kevin Stitt on May 9, 2019, and became effective Nov. 1, 2019. 6. HB 1078 was adopted in 1988. 7. Compare 30 O.S. 2011 §1-124 with 30 O.S. 2019 §1-124. 8. Id. 9. 30 O.S. 2019 §1-124.

32 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL

Legislative News Legislative Monitoring Committee Kicks Off the New Session By Miles Pringle

HE LEGISLATIVE TMonitoring Committee is back in full swing! We hope you were able to join us for the OBA’s Legislative Kickoff on Friday, Jan. 29. Due to the ongoing COIVD-19 pan- demic, the event was held virtually this year. But don’t have a nervous breakdown if you missed it, you can still register to watch it online. If you are a committee member, you can register and watch the pro- gram for free (through the end of February) if you call CLE Registrar Renee Montgomery at 405-416-7029. Nonmembers can access the program at tinyurl.com/obakickoff2021 for only $99. It's 5 MCLE hours of general credit. We want to extend a BIG thank you to all of our presenters who gave their time to the Legislative Kickoff. They devoted their time and resources to putting on a great program. We covered “50 Bills in there will likely be modifications to $8.4 billion to build a budget for 50 Minutes” and had 50-minute how the Legislature conducts busi- the 2022 fiscal year (compared to presentations on Native American ness and legislation to address the $8.3 billion projected at this time law, COVID-19 and how a bill pandemic’s impact. For example, a year ago). You would think a becomes law in Oklahoma. We Senate Pro Tempore Greg Treat has slightly increased budget would be also want to thank our wonderful mentioned permanently allowing a welcome reprieve given all the lawyer legislators who partici- government meetings to be held pain inflicted by the pandemic and pated in our legislative panel. entirely online. It appears we will unstable oil prices; however, due to have to hope that business at the the passage of Medicaid expansion ISSUES FOR THE 2021 SESSION Capitol returns to normal in 2022. via State Question 802, most of (if Unfortunately, COVID-19 There are two mandatory sub- not all) the additional funds will will continue to be omnipresent jects the Legislature must address likely go towards the estimated during the upcoming session. As in the 2021 session. First, as always, $164 million required for the state Oklahoma has recorded record is the budget. There is some good to contribute. levels of new cases and deaths, news here as lawmakers will have

34 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL The second issue is redistricting. Feb. 18: Deadline language The Legislature is required by the for shell bills in House to be Oklahoma Constitution to draw submitted to Majority Floor new legislative districts following Leader’s Office the decennial census. The House Feb. 25: House/Senate and Senate are reportedly working Committee deadlines on this from estimated numbers March 11: Third reading in and will finalize once the official House of Origin deadline numbers are provided by the U.S. April 22: Third reading in Census Bureau. Opposite House deadline It’s hard to predict what other May 28: Sine Die issues will get traction this year, Adjournment but if you’re interested in potential new laws, then you should down- JOIN THE COMMITTEE load the OBA’s Legislative Kickoff! I encourage you to become a member of the Legislative OBA DAY AT THE CAPITOL Monitoring Committee. The com- The good news is there will mittee is the OBA’s largest and one be an OBA Day at the Capitol, so of its most active with attorneys mark your calendars for OBA’s participating from around the Day at the Capitol on Tuesday, state. If you are already a mem- March 23. The bad news is … of ber, continue to sign on and use course … this will be a virtual the MyOKBar Communities page event, so we will not actually be on the OBA site at www.okbar. going to the Capitol. With that org to communicate with the said, we are hoping to take a dif- committee. If you have a bill that ferent tact on the presentation, so needs to be posted for others to stay tuned for further details. see, please do so. If you have any suggestions or questions, please LEGISLATIVE CALENDAR feel free to contact me through the Here are some of the import- committee’s Communities page. ant legislative dates for you to be aware of: Mr. Pringle is general Jan. 21: Bill introduction counsel for The Bankers deadline Bank in Oklahoma Feb. 1: Session began City and serves as the Feb. 15: Deadline for HBs/ Legislative Monitoring HJRs out of subcommittee Committee chairperson.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 35 From the Executive Director Where Do We Go from Here? By John Morris Williams

E ARE NOW INTO month year. This involves a bit of reading world. Thus, coming regulations W11 of the COVID-19 pan- tea leaves and paying close atten- and orders may be determinative demic. Not that anyone needed to tion to public health data. If recent of how the OBA moves forward in be reminded of that fact. With the history has taught us anything, light of SB 1946. release of vaccines in December, moving forward in this pandemic Until there is more clarity and coupled with record infections and is not without peril. instruction on moving forward deaths, my thoughts are somewhat The issues involving vaccinated in a post-vaccine world, the OBA mixed. In the coming months, there versus nonvaccinated staff and is most likely going to continue are important decisions to be made members have their own complex- operating at the status quo. For the regarding moving forward. ities. For example, does the OBA foreseeable future, the bar center First and foremost is the imme- restrict only vaccinated staff to will have limited accessibility, and diacy of keeping people safe and have member contact? Does the staff will work remotely when healthy. Second is the formula- OBA require the presentation of a necessary. In-person events will tion of a plan to reopen and start vaccination passport for in-person not resume until such time that it bringing people back together. attendance at OBA functions? Will is assured they may be safely and Although there are many contin- the Centers for Disease Control legally resumed. gencies, they cannot be realized develop guidelines? Senate Bill In the meantime, the OBA will continue to strive to provide high-level member service on a mostly remote basis. Given that all continuing legal education credit can be achieved online, OBA CLE Until there is more clarity and instruction on will not be hosting any in-person events, and section and commit- moving forward in a post-vaccine world, the tee meetings will continue to be remote. The OBA CLE Department OBA is most likely going to continue operating will be offering its full line of high-quality spring programming, at the status quo. as well as assisting committees and sections in producing CLE programs for credit. Unfortunately, it appears the first until such time that infection rates 1946, passed in the last legislative six months of 2021 may well be a go down significantly and bring- session, provides liability protec- continuance of operational norms ing together people does not create tions for those who are acting in established in March 2020. This a public health hazard. accordance with state and federal leaves in doubt significant events, Currently, OBA staff is working regulations or state or federal such as Law Day and the Solo & on developing a plan to present to executive orders. The current Small Firm Conference. Hopefully, leadership regarding our opera- regulations and orders provide we may have the ability to post- tional activities for the rest of the little guidance for a post-vaccine pone, rather than cancel, as vaccines

36 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL become more available and regula- Until such time as it is safe to tions and orders are developed gather again, the OBA is still here that provide greater guidance. for you and is at the ready to move I am disappointed at the current forward at the greatest speed that situation and guardedly optimistic can be legally and safely realized. that as the year progresses, we can As always, please let me know get back to something that resem- how we can better assist you. bled pre COVID-19 operations. Many experts say things may never go back completely as they were. We have significantly moved forward with the use of technology and have embraced the concept of To contact Executive Director virtual attendance and its con- Williams, email him at johnw@ venience. Hopefully, we can find okbar.org. balance and build upon the techno- logical strengths we have obtained and, at some point, regain the ability to come together physically to enjoy collegial gatherings.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 37 Law Practice Tips 10 Top Technology Tools for the Small Firm Lawyer By Jim Calloway

020 CERTAINLY GAVE US 1) PRACTICE MANAGEMENT 2) MICROSOFT 365 2all a lot to digest. SOFTWARE SOLUTIONS (FORMERLY OFFICE 365) My personal observation work- I’ve been advocating for solo The tools ing with small to medium-sized and small firm lawyers to use in Microsoft law firms was those with digital practice management solutions 365 continue client files securely available online for many years. to improve, had a better working experience While it’s possi- prima91 - stock.adobe.com and there than those with critical information ble for a larger is an amazing number of tools trapped only in paper files. law firm with available when one logs in to The most significant observation dedicated IT staff the online Microsoft 365 account. I have distilled from the past year to craft their own OneDrive provides one terabyte is the practice of law has bifurcated “homegrown” of secure cloud storage with the into two “branches,” if you will: practice man- ability to share files like many people law and business/corporate agement solu- have grown accustomed to using law. With each passing year, each tions, for most services like Dropbox. Teams pro- branch looks a bit less like the other lawyers without those resources, vides coordination and videocon- in terms of the operations and busi- it is far better to take advantage ferencing. Subscribers receive the ness processes. We will be exploring of the years of development done desktop versions of Office apps: those distinctions more throughout on the various available practice Outlook, Word, Excel, PowerPoint, 2021. This month’s article focuses management software solutions. OneNote (plus Access and Publisher on tools for those in smaller firms Practice management solutions for PC only), in addition to the primarily doing people law. also typically provide unlim- online tools. Lawyers will want Note: While readers love top 10 ited storage, and they all include to choose between Microsoft 365 lists, this is a “10 top” list, which online client portals so you can Business Standard $12.50 user/ means the entries are not ranked securely share documents with month or Microsoft 365 Business in any particular order. The goal your client. Using a cloud-based Premium $20 user/month. is to provide lawyers an oppor- practice management solution tunity to review some significant means you will have the same 3) GOOGLE MY BUSINESS technology tools and then set their interface when working on your You have own priorities as to what needs to client matters, whether you are seen the be implemented next (although I working in the office, from home results of will note, number one is number or on the road. Google My one). The subjects will be covered sharafmaksumov - stock.adobe.com Business briefly. Oklahoma lawyers should when searching for a business know they can contact the OBA in Google on a phone. Instead of Management Assistance Program the usual Google search results, lawyers for more specific advice you get a result with a picture of about any of these topics and tools. the business, the phone number,

38 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL hours of operation and more. This 5) SECURE CLOUD STORAGE desktop scanner is a long-term is a Google My Business result. OneDrive favorite of ours (up to 25 color You can claim that profile, and will be the pages per minute), and the Fujitsu if your firm has a unique street tool of choice fi-5530C2 scanner is for law firms address (as opposed to being in for many needing a higher volume scan- Suite 800 of an office building), you IB Photography - stock.adobe.com for secure ner (50 color pages per minute). should claim your address so you cloud storage. Microsoft is already Every lawyer can edit and add to your Google protecting many millions of dol- should know My Business. There is no charge. lars worth of companies’ data in how to create This will also mean your business OneDrive. Subscribers to Microsoft a PDF file appears in Google Maps. Google 365 have OneDrive. There are from a piece will be happy to provide you the several other secure data stor- of paper using their mobile phone. details on how to set that up. age providers. We have seen an There are many apps to assist with evolution from the time when this for both mobile platforms. 4) DIGITAL LEGAL lawyers were very concerned about RESEARCH TOOLS storing items in the cloud to the 7) SPEECH TOOLS Oklahoma lawyers have a generally accepted appreciation I have been a user of Dragon Fastcase account supplied by the that secure cloud storage is safer NaturallySpeaking for many years, OBA. Fastcase just announced than the digital security measures and it has saved countless hours, a merger with its chief rival, you can do on your own. Having including in drafting this article. Casemaker. Nothing will change duplicate copies of every important Word in Microsoft 365 now has a for OBA digital document stored in two built-in speech recognition dicta- members places is a 21st-century business tion tool. If in 2021, but continuity practice. With cloud you type 50 we should storage, as opposed to a com- or 60 words see improvements because of pressed full backup of everything, per minute, this merger. One logs into the you can have a usable copy of the you may not OBA Fastcase subscription via documents you need if there is a need speech MyOKBar. But many readers problem with accessing the origi- recognition. But many lawyers also need to go to Fastcase.com nals (like a power outage at your will find it is a great productiv- and sign up for one of many free physical office). ity tool and also a great personal training opportunities to learn well-being tool to take a break from more about Fastcase research tech- 6) SCANNING TOOLS pounding a keyboard. Hopefully, niques. A discounted subscrip- As we move from paper-based you’re not still typing out all your tion to CaseText with its artificial client files to digital client files, text messages when it is often intelligence tools is also available the scanner is the tool we use to easier to dictate the reply into the to OBA members via MyOKBar. convert paper into digital docu- phone. Although sometimes, confi- ments. The Fujitsu ScanSnap iX500 dentiality concerns dictate that you

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 39 type instead of talk. Cortana and other videoconferences on their other tools are favored by some. phones. If both of you are set up for videoconferencing, why should 8) ONLINE SCHEDULING FOR someone drive across town for a CLIENT APPOINTMENTS face-to-face meeting about some This is routine decisions? something most law 10) ONLINE MARKETING firms are TOOLS likely not While syahrir - stock.adobe.com yet doing, some law- but dentists, salons and many yers with an other businesses provide this established service. Individual consumers clientele and are used to instant gratification a healthy as they search online. If a firm group of regular client referrers allows a new client to schedule may not need to be extremely con- an appointment online from the cerned about their law firm web- website while other firms in the site and other online presences, area just list their phone number the vast majority of law firms, par- and address, it is likely there will ticularly solo practitioners, need to be a business advantage to the be very visible on the web and to firm that provides online appoint- also appreciate that many of their ment scheduling 24/7. Calendly new clients will come as a result of is one tool that handles this, and the prospective client searching on another, Microsoft Bookings, is the internet for the answer to their included in Microsoft 365. legal problem and locating you and your law firm. 9) VIDEOCONFERENCING If you are an Oklahoma lawyer TOOLS who already has all these 10 areas One permanent change because covered, congratulations! But if of the pandemic is that videocon- you are ready for some upgrades, ferencing will be a continuing part this month’s article gives you a of service list from which to pick your next delivery technology improvement project. for most Oklahoma lawyers can contact businesses the OBA Management Assistance and most Program to discuss any of these law firms. subjects or any other law office You need a good webcam, good technology questions. lighting and a good microphone, and you need to practice with the videoconferencing tools if Mr. Calloway is OBA Management you haven’t had enough of that Assistance Program director. Need already. If you missed my August a quick answer to a tech problem 2020 Oklahoma Bar Journal article, or help solving a management “A Videoconferencing Guide for dilemma? Contact him at 405-416- Oklahoma Lawyers,”1 it might be 7008, 800-522-8060, jimc@okbar. a good time to read it. In partic- org. It’s a free member benefit. ular, your business clients have been and will be doing much ENDNOTE videoconferencing. Many individ- 1. www.okbar.org/lpt_articles/a- uals have had many FaceTime or videoconferencing-guide-for-oklahoma-lawyers.

40 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL

Ethics & Professional Responsibility Pandemic Rules Working Remotely in Another Jurisdiction By Richard Stevens

NE THING MOST of us unauthorized practice of law. 5.5 (a) while physically located in that Ohave been doing with a states, “A lawyer shall not practice jurisdiction is the unauthorized great deal of frequency is work- law in a jurisdiction in violation of practice of law, then the same result ing remotely. For most of us, the regulation of the legal profes- will follow. To this writer’s knowl- this means we are working from sion in that jurisdiction … .” If the edge, Oklahoma has not made home. For most of us, this means jurisdiction in which the lawyer is either of those determinations. we are working in our homes licensed has determined by rule, Absent those determinations, a within Oklahoma. However, some opinion or otherwise that prac- lawyer practicing pursuant to the Oklahoma lawyers may live or ticing the law of that jurisdiction law of the jurisdiction in which choose to work remotely from while located in another jurisdic- the lawyer is licensed does not another state. Technology makes tion constitutes the unauthorized violate 5.5(a), even when located in it possible to work, in some cases, practice of law, then doing so will a jurisdiction in which the lawyer from almost anywhere there is violate 5.5 (a). If a jurisdiction has is not licensed. ABA 495 correctly phone service and an internet determined that working remotely states the Rules of Professional connection. In some cases, due to the circumstances of the current pandemic, a lawyer may choose or be forced to practice while phys- ically located in a jurisdiction in which they are not licensed. In instances such as this, the question of ethics arises under ORPC 5.5. May a lawyer practice law in Oklahoma while physically present in another jurisdiction? Recently released ABA Formal Opinion 495 seeks to help law- yers in this situation determine whether they may ethically prac- tice under these conditions. ABA Formal Opinion 495 reaches the conclusion that lawyers may practice law in a jurisdiction in which they are admitted while being physically located in a juris- diction in which they are not admit- ted under specific circumstances. ORPC (and ABA Model Rule) 5.5 (a) prohibits lawyers from the

42 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL Responsibility are rules of reason, lawyer’s presence. Likewise it For those attorneys who may and the purpose of the rule does not “establish” a system- have taken refuge from the should be examined in interpret- atic and continuous presence pandemic in surrounding states ing them. ORPC 5.5 Comment [2] in the jurisdiction for the prac- or have homes in another state, states, “Limiting the practice of tice of law since the lawyer is ABA Formal Opinion 495 is law to members of the bar pro- neither practicing the law of worth reading. tects the public against rendition the local jurisdiction nor hold- of legal services by unqualified ing out the availability to do persons.” ABA 495 concludes, so. The lawyer’s physical pres- Mr. Stevens is OBA ethics counsel. “A local jurisdiction has no real ence in the local jurisdiction Have an ethics question? It’s a interest in prohibiting a lawyer is incidental; it is not for the member benefit, and all inquiries from practicing the law of a practice of law. Conversely, a are confidential. Contact him at jurisdiction in which that lawyer lawyer who includes a local [email protected] or 405-416- is licensed and therefore quali- jurisdiction address on web- 7055. Ethics information is also fied to represent clients in that sites, letterhead, business online at www.okbar.org/ec. jurisdiction.” cards, or advertising may be ORPC 5.5 (b) (1) prohibits a said to have established an lawyer from “establish[ing] an office or a systematic and con- office or other systematic and tinuous presence in the local continuous presence in this jurisdiction for the practice jurisdiction for the practice of of law. law” in a jurisdiction in which the lawyer is not licensed. ABA A lawyer who includes infor- 495 concludes that “establish” mation on letterhead, business means “to found, institute, build, cards, advertising or websites that or bring into being on a firm or does not clearly indicate juris- stable basis.” 495 concludes that: dictional limitations or provides an address in a jurisdiction in A local office is not “estab- which the lawyer is not licensed, lished” within the meaning of may violate Rule 5.5 (b) (2). Rule the rule by the lawyer work- 5.5 (b) (2) prohibits a lawyer from ing in the local jurisdiction “hold[ing] out to the public or if the lawyer does not hold otherwise represent[ing] that the out to the public an address lawyer is admitted to practice in the local jurisdiction as an law in [the] jurisdiction” in which office and a local jurisdiction the lawyer is not licensed. ABA address does not appear on 495 cites Maine and Utah ethics letterhead, business cards, opinions, which reach the same websites, or other indicia of a conclusions.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 43 Board of Governors Actions Meeting Summary

The Oklahoma Bar Association Board REPORT OF THE meetings, Criminal Law Section of Governors met remotely on Friday, EXECUTIVE DIRECTOR meeting, Law Day Committee Dec. 11, 2020. Executive Director Williams meeting, Legislative Monitoring reported he worked on finalizing Committee meeting and presided REPORT OF THE PRESIDENT Annual Meeting, viewed portions and attended in person the Justice President Shields reported she of Annual Meeting, worked on the Assistance Grant board meeting. attended numerous pre-Annual launch of the new “Courts & More” Governor Hutter reported he Meeting conferences, participated electronic publication, worked on attended the Annual Meeting. in Annual Meeting and General planning the Legislative Kickoff, Governor Morton reported he Assembly during the week of had conversations with President- attended the Military Assistance Nov. 9-13, did follow up communi- Elect Mordy, participated in the Committee meeting. Governor cation with speakers, sponsors and Annual Meeting debrief, attended Pringle reported he chaired volunteers post-Annual Meeting, the budget meeting with the a meeting of the Legislative wrote her final Oklahoma Bar Journal Supreme Court via teleconference, Monitoring Committee, began president’s message, listened to 10th listened to oral arguments in the working on the committee’s Circuit oral arguments in the Schell Schell v. Gurich et al case and had Legislative Kickoff event, worked case and participated in an Annual a discussion with Chief Justice on the Annual Meeting for Meeting debrief videoconference Gurich, President Shields and the Financial Institution and with OBA staff and Executive President-Elect Mordy regarding Commercial Law Section and Director Williams. a revolving account for certain watched several Annual Meeting surplus budget items. He reported videos and CLE presentations. REPORT OF THE he has been told Justice Rowe will Governor Williams reported he VICE PRESIDENT continue to be the OBA’s Supreme virtually attended the Annual Vice President Nowakowski Court liaison next year. Meeting, several Annual Meeting reported she attended the YLD CLE presentations, Diversity November meeting during the REPORT OF THE Committee awards event, Annual Meeting at which she PAST PRESIDENT November meeting of the Council announced the YLD board Past President Chesnut reported Oaks/Johnson-Sontag Inn of election results. he attended Annual Meeting, Court and the OBA Environmental including General Assembly and Law Section CLE presentation. REPORT OF THE the House of Delegates. PRESIDENT-ELECT REPORT OF THE YOUNG President-Elect Mordy reported BOARD MEMBER REPORTS LAWYERS DIVISION he attended the Oklahoma Bar Governor Beese reported he Governor Haygood reported he Foundation meeting, OBA Annual attended the Legal Internship attended the Annual Meeting and Meeting, budget hearing before Committee meeting. Governor chaired the YLD board meeting. the Oklahoma Supreme Court Edwards reported he attended He said the division will be in good and worked on appointments to the Annual Meeting and hands next year with incoming various OBA committees. He also Professionalism Committee CLE YLD Chair April Moaning. He said contacted principals of schools in seminar. Governor Hermanson she has been involved on the board Ardmore and surrounding coun- reported he virtually attended for many years, and they rose in ties, encouraging them to partici- the Annual Meeting, General the leadership ranks together. pate in the OBA Law Day contest. Assembly and House of Delegates

44 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL REPORT OF THE SUPREME reported there had been a few down, and several active committee COURT LIAISON glitches in the handling of hotline members have been deployed. Justice Rowe said he was calls shortly after the change to always available to help if needed. a new provider early in the year, CLIENTS’ SECURITY however, the issues were resolved. FUND REPORT REPORT OF THE It was noted call volume is down, Chairperson Micheal Salem GENERAL COUNSEL and mental health consultant reported claims were up this year General Counsel Hendryx Deanna Harris, who has worked with 30 claims considered and 18 reported the OBA is finishing the with the committee for many years approved, totaling $328,555.52. year with all litigation completed is changing jobs and will no longer With $177,712.50 available for allo- except for the Schell case. She said be an advisor. Governor Pringle cation that requires the approved the Professional Responsibility said the Legislative Monitoring claims to be prorated at 69.8%. He Commission will meet next week. Committee is gearing up for its noted long-standing committee A written report of PRC actions Legislative Kickoff event that will vice chair Dan Sprouse passed and OBA disciplinary matters for be virtual. It has been moved from away this year and will be missed. September was submitted to the a Saturday to Friday, Jan. 29, 2021, He said it was Dan who attended board for its review. with expanded programming. It clients’ security fund national will be a free CLE seminar for com- meetings. Chairperson Salem BOARD LIAISON REPORTS mittee members, and speakers briefed the board on the source Governor Davis said the Law Schools Committee has issued an annual report with informa- tion on how the law schools have handled COVID-19. The report was included in the board’s material for Governor Morton said the number of Heroes the December meeting. Governor Edwards said the Professionalism Program volunteers is down, and several active Committee met during Annual Meeting. Governor Williams said committee members have been deployed. he has enjoyed serving as liai- son to the Diversity Committee. President Shields said the com- mittee might continue holding its award event during the Annual are currently being recruited. of the funding, which is a perma- Meeting in the future. Governor Governor Morton said the Law nent fund with interest earned Hermanson said the Law Day Day Committee chairperson remaining in the fund. The board Committee is promoting the con- attended the Military Assistance approved the recommendations of test and working on TV show seg- Committee meeting asking mem- the committee on claims to reim- ments. Although leaving the board, bers for ideas and suggestions on burse and to authorize the distri- he will continue as a committee stories that could be developed into bution of a news release approved member. Past President Chesnut Ask A Lawyer TV show segments. by the OBA president and the said the Lawyers Helping Lawyers Governor Morton said the number committee chairperson. Assistance Program Committee of Heroes Program volunteers is

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 45 President Shields and Executive Director Williams reported more than 2,000 bar members registered for the meeting. More than 9,500 hours of free CLE were reported.

CARRYOVER OF BUILDING Stockwell, Norman, as vice chair- YLD LIAISON APPOINTMENTS MAINTENANCE FUND person, terms expire 12/31/2021; TO OBA STANDING BALANCE CONTAINED reappoint members Michael Salem; COMMITTEES IN 2020 BUDGET John Kinslow, Lawton; Jennifer 2021 YLD Chair April Moaning Executive Director Williams Christian, Oklahoma City, terms said she has assigned a liaison explained adding safety measures expire 12/31/2023; CSF Lay Person to each standing committee, and to increase security at the bar cen- appoint Chris Morriss, Oklahoma everyone is excited to serve. She ter began in 2019 under President City, term expires 12/31/2023. said they have a few vacant board Chesnut. Work has continued MCLE Commission – appoint seats that will soon be filled. this year but for several reasons, Kim Hays, Tulsa, as chairperson, including COVID and the recent term expires 12-31-2021; appoint APPOINTMENT OF OBA ice storm, progress on the work has members Jimmy Oliver, Stillwater; STANDING COMMITTEE been slow. He said the work may Matthew Beese, Muskogee; and CHAIRS, VICE CHAIRS AND not be completed until next year, Alexa Stumpff White, Ardmore, BOG LIAISONS and he asked the board to approve terms expire 12/31/2023. President-Elect Mordy presented the carryover of funds from the Oklahoma Indian Legal the list of 2021 committee leaders 2020 budget for the purpose of pay- Services Board of Directors – and liaisons. ing for building security enhance- appoint Brooke Unruh, Edmond; ments in the event final billing for Mark H. Colbert, Ardmore; and LAW SCHOOLS COMMITTEE the project is not received before Alvin R. Wright, Edmond, terms ANNUAL REPORT Dec. 31, 2020. The board approved expire 12/31/2023. President Shields called atten- the carryover of funds. tion to the report presented to the LAWYERS HELPING LAWYERS board pursuant to the committee’s CARRYOVER OF EXCESS UTILIZATION REPORT Governance Charter. BOARD MEETING AND President Shields directed TRAVEL EXPENSES board members to review the ANNUAL MEETING DEBRIEF The board approved the carry- annual report showing the break- President Shields and Executive over of excess board meeting and down of calls to the Lawyers Director Williams reported more travel expenses from 2020 to 2021. Helping Lawyers hotline, general than 2,000 bar members registered details on counseling and reasons for the meeting. More than 9,500 APPOINTMENTS for initiating calls. hours of free CLE were reported. The board approved the fol- She said the virtual meeting pro- lowing appointments made by gramming turned out fabulous, President-Elect Mordy: and staff did an excellent job. Jim Clients’ Security Fund (CSF) – Calloway was complimented on reappoint Micheal Salem, Norman, his efforts recruiting sponsors, as chairperson and appoint Peggy which was better than recent

46 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL in-person meetings. Survey results Legal Ethics Advisory Panel – NEXT MEETING were overwhelmingly positive. reappoint Steven Balman, Tulsa, The Board of Governors met Executive Director Williams said as panel coordinator, term expires in January. A summary of those President Shields’ firm contributed 12/31/2021; Oklahoma City Panel – actions will be published in the some skilled production work. He reappoint Timila Rother, Oklahoma Oklahoma Bar Journal once the min- noted because of increased utili- City; Micheal Salem, Norman; and utes are approved. The next board zation of virtual platforms during appoint Myrna Latham, Oklahoma meeting will be at 10 a.m. Friday, COVD-19, members have become City, terms expire 12/31/2023; Tulsa Feb. 26. better with technology. Panel – reappoint Brita Haugland- Cantrell, Tulsa; Tamera A. Childers, APPOINTMENTS Tulsa; and Lynnwood Moore, President-Elect Mordy Tulsa, terms expire 12/31/2023. announced he has made the Commission on Children and following appointments: Youth – The initial names were Audit Committee – appoint submitted at the August board Michael Vanderburg, Ponca City, meeting. At the request of Gov. term expires 12/31/2023. Stitt’s office, President-Elect Mordy Investment Committee – submitted the additional name of reappoint Joe Crosthwait, Midwest Tom Riesen, Oklahoma City, for City, chairperson; reappoints consideration and/or appointment. Kendra Robben, Oklahoma City, vice chairperson, terms expire UPCOMING EVENTS 12/31/2021; reappoint members Executive Director Williams Charles Chesnut, Miami; Stephen said he will be working with Chief Beam, Weatherford; Audrey Talley, Justice Darby to determine how the Oklahoma City; L. Jerome Tubb swearing-in ceremony will be con- Jr., Oklahoma City; Chris Meyers, ducted. Information will be shared Lawton; Judge Mike DeBerry, when details are confirmed. The Idabel; Alan Souter, Tulsa; and date for Day at the Capitol will be Mark E. Fields, McAlester, terms March 23, and the board meeting expire 12/31/2023. will be held the same day.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 47

Bar Foundation News 75 Years of Impact By Renée DeMoss and Candice Pace

HIS YEAR, THE OBF turns Attend our 75th Impact T75! We cannot think of a better Event on Oct. 1, 2021 (if we way to celebrate our diamond anni- can gather then) versary than by focusing and look- Request information about ing back with you on our 75 years our new planned giving of impact. It is our goal during program – Legacy Partners this milestone year to celebrate our for Justice birthday by describing how OBF Like and follow the OBF grants, donors and grantees have on Facebook, Instagram, made a difference through the $17.5 LinkedIn and Twitter million in grant and scholarship Share our impact stories funding we have awarded. through email and social We have big plans for our 75th media year. First, we plan to make some changes in our Fellows giving For more information about programs to better emphasize the together, we have a much greater donating, event sponsorships, event important partnership role our impact. We invite you to partner tickets and planned giving, contact donors play. Second, we will be with us to advance the cause of Candice Pace at [email protected]. sharing stories and photos of people justice in our 75th year and beyond: Donate online at www.okbar- whose lives have been positively foundation.org/donate. changed by OBF awards. Third, we Join one of our Partners will be highlighting the generous Advancing Justice programs attorneys who helped shape the OBF Increase your donation to Ms. DeMoss is the OBF executive and paved the way for the impactful our Partners for Justice pro- director. Ms. Pace is the OBF work we are able to do today. gram (previously Fellows) director of development and The OBF was created to improve Donate to our 75 for 75 communications. the administration of justice and to Campaign set for March – bring the legal community together July 2021 in philanthropy. When we all work

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 49 Young Lawyers Division Year Starts Off With Many Activities Planned By April Moaning

EMBERS OF THE YOUNG HIGH SCHOOL MOCK LAW DAY MLawyers Division have hit TRIAL PROGRAM I am a firm believer in pouring the ground running as we were I cannot think of a better way into our youth. They are often full eager to serve the community to encourage students to further of new and innovative ideas; and after months of lockdowns and explore their interest in the legal we need them to take the reins travel limitations. Although we profession. It was during a high after many of us retire from the are still remaining cautious and school Youth and Government practice of law. What better way compliant with all CDC, state and competition that I discovered my to foster their creativity and one- local guidelines, we are focused love for the courtroom. It is excit- on-one interaction with lawyers on ramping up our community ing that life has come full circle, than to team up with the Law involvement. As such, we have and I, along with fellow YLD Day Committee?! YLD is working many exciting events scheduled members, now have an opportu- in conjunction with the Law Day for the upcoming months. Please nity to positively impact the life Committee and providing volun- mark your calendars, as you are of a young student as mine was teer services for Law Day events both welcome and encouraged to impacted so many years ago. The scheduled from late April through take part. qualifying rounds for this year’s early May. We are most excited competition commenced on Feb. 2, about viewing all of the creative and the semifinal rounds will occur artwork and essays submitted for Feb. 23-24. the OBA Law Day Coloring, Art

Judges select 2020 Law Day contest Students present their case in the High School Mock Trial Program finals. winners.

50 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL Assembled bar exam survival kits. and Writing Contest. YLD board DAY AT THE members span the entire state of CAPITOL Oklahoma, which is extremely Every March, helpful when it comes to connecting YLD board members with a wide array of students. Please attend OBA Day at join us as we continue to travel the Capitol in lieu to schools in the metro and rural of our March board communities to speak with students meeting. The event From left Caroline Marie Shaffer, Dylan Erwin, Nathan about a day in the life of a lawyer. will be held online Richter and Brandi Nowakowski represent the YLD at OBA Day at the Capitol in 2018. this year on March 23 BAR EXAM SURVIVAL KITS from 9:30 a.m. – noon. We can- 10 years or less are automatically The first 2021 bar examina- not be effective advocates for our members of the division. Please feel tion is scheduled for Feb. 23-24 in clients if we do not keep abreast of free to reach out to any YLD board Oklahoma City. YLD members legislation. It is for this reason we member if you are interested in par- will meet on Saturday, Feb. 20, to make attendance at the Day at the ticipating. You’ll find info about the assemble bar exam survival kits Capitol a priority for our board. I YLD at www.okbar.org/yld. Cheers! (BESKs) that include basic neces- encourage young lawyers across sities bar exam takers may forget the state to log in to their comput- due to bar exam jitters. This year, ers, learn about pending legisla- Ms. Moaning practices in we want to provide a bit of extra tion and hear from our legislators. Oklahoma City and serves as the comfort and protection for the bar We would love for you to join in YLD chairperson. She may be exam takers and have included YLD activities and serve as a vol- contacted at aprilmoaninglaw@ hand sanitizer and masks (you can unteer for any of the above events. gmail.com. Keep up with the YLD never have too many) in the BESKs. Lawyers who have been in practice at www.facebook.com/obayld.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 51 For Your Information

NEW JUDGE APPOINTED TO COURT OF IMPORTANT UPCOMING CIVIL APPEALS DATES Judge Thomas E. Prince was appointed to Don’t forget, the Oklahoma Bar the Court of Civil Appeals by Gov. Kevin Stitt Center will be closed Monday, on Dec. 18. His appointment fills the vacancy Feb. 15, in observance of Presidents’ for District 5, Office 1, created by the retirement Day. Also, be sure to docket the 2021 of Judge Ken Buettner, effective Dec. 31, 2020. Solo & Small Firm Conference at the Judge Prince has served as a district judge for Choctaw Casino Resort in Durant Oklahoma County since 2012, where he has June 10-12. presided over more than 95 civil and criminal jury trials. As a district judge, he was appointed by the Oklahoma Supreme Court to serve as presiding judge for the State Multi-County Grand Jury from ASPIRING WRITERS TAKE 2016 to 2018. He was elected to serve as vice presiding judge for the 7th Judicial NOTE Administrative District from 2016 to 2018 and was elected to serve as the pre- We want to feature your work siding administrative judge for Oklahoma and Canadian counties in 2019. on “The Back Page.” Submit arti- Before serving on the bench, Judge Prince practiced law for 29 years. From cles of 500 words or less related 1999 to 2012, he was a member of the Oklahoma State Election Board. He to the practice of law, or send was also a member of the Standards Board of the U.S. Election Assistance us something humorous, trans- Commission from 2009 to 2012. He earned his bachelor’s degree from Southern forming or intriguing. Poetry Arkansas University in 1979 and his J.D. from the OCU School of Law in 1982. and photography are options too. Send submissions to OBA Communications Director Carol LAWYERS ARE ESSENTIAL Manning, [email protected]. When considering your eligibility for the COVID-19 vaccine, recall that Gov. Stitt’s executive order from March 2020 included attorneys and accompanying administrative and support services as essential. Oklahoma lawyers have provided the necessary legal work their clients critically need during these challenging times and are continuing to do so. To sign up for a vaccine, visit vaccinate.oklahoma.gov.

MARK YOUR CALENDARS FOR DAY AT THE CAPITOL MARCH 23 Oklahoma lawyers, let your LHL DISCUSSION GROUP voices be heard! The OBA will HOSTS MARCH MEETING host its annual Day at the Capitol “Ethical Obligations of Self Tuesday, March 23, virtually from and Other Colleagues” will be 9:30 a.m. to noon. The agenda will the topic of the March 4 meeting feature speakers commenting of the Lawyers Helping Lawyers on legislation affecting various monthly discussion group. Each practice areas, and there will also meeting, always the first Thursday be remarks from the judiciary of the month, is facilitated by com- and bar leaders. Watch for more mittee members and a licensed details soon at www.okbar.org/ mental health professional. The dayatthecapitol. group meets from 6 to 7:30 p.m. remotely using BlueJeans. There is no cost to attend. Email debraj@ okbar.org for login information.

52 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL NEW OBA BOARD OF GOVERNORS OFFICERS AND MEMBERS TAKE OATHS IN FIRST VIRTUAL BOARD SWEARING-IN CEREMONY Nine new members of the OBA Board of Governors were sworn in to their positions by Chief Justice Richard Darby during a virtual event on Jan. 15. Officers tak- ing the oath were Michael C. Mordy, Ardmore, president; James R. Hicks, Tulsa, president- elect; and Charles E. Geister III, Oklahoma City, vice president. Sworn in to the Board of Governors to represent their judicial districts for three- year terms were Michael R. Vanderburg, Ponca City; Richard D. White Jr., Tulsa; Benjamin R. Hilfiger, Muskogee; and Kara I. Smith, at large, Oklahoma City. Sworn in to one-year terms on the board were Susan B. Shields, Oklahoma City, immediate past president and April J. Moaning, Oklahoma City, Young Lawyers Division chairperson.

JUDGE LEWIS CELEBRATES 30 YEARS ON THE BENCH Oklahoma Court of Criminal Appeals Judge David B. Lewis celebrated 30 years of judicial service on Jan. 14, making him the longest-serving Black jurist in Oklahoma history. He began his judicial career in 1991, serving as special judge of Comanche County. He held that position until 1999, when he was appointed district judge of Comanche, Stephens, Cotton and Jefferson counties. He served as chief judge of Comanche County in 2002. In August 2005, he was appointed to serve on the Oklahoma Court of Criminal Appeals by Gov. Brad Henry and was sworn in as the first Black presiding judge. He served as presiding judge from 2013 to 2014 and his second term 2019 to 2020. Judge Lewis formerly served as president of the Comanche County Bar Association, president of the Oklahoma Judicial Conference and is an OBF Fellow. He is also a Fellow of the American Bar Foundation and a member of the American Bar Association. He was selected as a mem- ber of the Class of 2008 Henry Toll Fellowship Program of the Council of State Governments and was inducted into the Order of the Owl at the OU College of Law in 2017. He serves on the Board of Visitors of the OU College of Law and is co-chair of the OBA Bench and Bar Committee. Judge Lewis received his J.D. from the OU College of Law in 1983. A video tribute to him is online at www.okbar.org/celebrating-30-years-judge-david-b-lewis.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 53 Bench and Bar Briefs

ON THE MOVE

Judge Deborah A. Reheard was John A. McCaleb was elected Kim Bailey was named general sworn in as special judge for to serve as president of the counsel for the Oklahoma Insurance Okmulgee County. Judge Reheard Oklahoma City law firm of Fenton, Department by Oklahoma has practiced law for 33 years, is a Fenton, Smith, Reneau & Moon. Insurance Commissioner Glen former municipal judge in Eufaula Christopher Crouch was named Mulready. She began her new role and Checotah and the first female partner of the firm. Mr. McCaleb Jan. 19. Previously, Ms. Bailey served attorney elected to the Judicial represents businesses and insur- as general counsel and chief oper- Nominating Commission and ance carriers before the Oklahoma ating officer at the Oklahoma State second longest-serving member in Workers’ Compensation Court Department of Health. its 50- plus year history. She also and Commission and represents served as OBA president in 2011. businesses in retaliatory dis- Michael L. Barkett and Rusty charge claims pending before the Smith have established Smith Judge Beth Stanley was sworn Oklahoma Workers’ Compensation Barkett Law Group, a trial law in as associate district judge Commission. Mr. Crouch practices firm with offices in Tulsa and for Cleveland County. She was in the areas of workers’ compensa- Muskogee. The firm focuses on appointed to the position by Gov. tion, medical fee schedule disputes catastrophic injuries, insurance Kevin Stitt on Nov. 23, following and labor and employment. bad faith, medical malpractice, the retirement of Judge Stephen wrongful death, semi-truck litiga- Bonner. Previously, Judge Stanley Brett Burch has joined the tion, business litigation, criminal was a private practitioner and Oklahoma City law firm of Miller defense and civil defense. Mr. an assistant district attorney for Dollarhide. He will focus his Barkett received his J.D. from Cleveland County. practice on litigation. Previously, he the OU College of Law in 1994. practiced in mineral acquisition and Mr. Smith received his J.D. from Isaac B. Helmerich has been title examination, creditor-debtor the OU College of Law in 2002. named shareholder at the Tulsa litigation and general litigation. Firm members include Daniel office of Hall Estill. Jared R. Ford Mr. Burch received his J.D. from Medlock, James E. Walters and has been named shareholder of the OCU School of Law in 2015. Larry D. Moore. the firm’s Oklahoma City office. Mr. Helmerich joined the firm in Jason Blose has joined the Edmond 2018 and practices in the areas law firm of McAlister, McAlister, of business and corporate law, Baker & Nicklas PLLC. Previously, estate planning, commercial Mr. Blose was in-house counsel transactions, complex commercial at Chesapeake Energy Corp. He litigation and insurance company received his J.D. from the Penn State liquidations. Mr. Ford joined the Dickinson School of Law in 2009. firm in 2017 and practices in the areas of commercial real estate, Hope D. Weber was named part- working capital, asset-based and ner of the Oklahoma City law firm acquisition financing, complex of DeBee Clark PLLC. Ms. Weber business transactions and general practices primarily in the areas of real property law, with an empha- tax-exempt organizations, tax con- sis on the energy sector. troversies and in-house matters for nonprofit corporate clients.

54 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL KUDOS

Louis W. Bullock was presented Gary S. Chilton earned his Sen. Kay Floyd received the State the Rogers State University certificate of completion from Regents for Higher Education Constitution Award by Judge the Mediating Disputes Course Distinguished Service Award Stephanie K. Seymour during a at the Program on Negotiation during a virtual presentation Jan. 6. Dec. 15 ceremony. The award was at Harvard Law School. Mr. She was recognized for her leader- established in commemoration Chilton was one of 34 participants ship and support of higher educa- of the 200th anniversary of the from around the world studying tion in Oklahoma during the 2020 adoption of the U.S. Constitution Harvard’s understanding-based legislative session. and has been presented annually model of mediation. He practices since 1987 to an Oklahoman who at the Oklahoma City law firm of has demonstrated a strong com- Holladay & Chilton PLLC. mitment to the principles of the Constitution through their work. Dakota C. Low was awarded Mr. Bullock, who received his J.D. the 2020 Outstanding Young from the OU College of Law in Lawyer Award by the Oklahoma 1975, has defended Oklahomans’ Association for Justice. The OAJ is civil rights for the past 45 years. the oldest trial lawyer’s organiza- tion in the U.S. Mr. Low practices Kevin R. Kemper was awarded litigation at the Oklahoma City the 2020 Marian Opala First law firm of Miller Dollarhide. Amendment Award by Freedom of Information Oklahoma during the Judge Jack McCurdy was organization’s annual awards cere- awarded the Honorable Donald L. mony on Dec. 9. Named for former Deason Judicial Award by the Oklahoma Supreme Court Justice OBA Criminal Law Section. The Marian Opala, this award recog- annual award is presented to an nizes individuals who have pro- Oklahoma or 10th Circuit judge moted education about or protection who is known for character, dedi- of the individual rights guaranteed cation and professional excellence. by the First Amendment.

HOW TO PLACE AN you. Sections, committees, and county Submit news items to: ANNOUNCEMENT: bar associations are encouraged to The Oklahoma Bar Journal welcomes submit short stories about upcoming or Lauren Rimmer short articles or news items about OBA recent activities. Honors bestowed by Communications Dept. members and upcoming meetings. If other publications (e.g., Super Lawyers, Oklahoma Bar Association you are an OBA member and you’ve Best Lawyers, etc.) will not be accepted 405-416-7018 moved, become a partner, hired an as announcements. (Oklahoma-based [email protected] associate, taken on a partner, received publications are the exception.) a promotion or an award, or given Information selected for publication Articles for the April issue must be a talk or speech with statewide or is printed at no cost, subject to editing received by March 1. national stature, we’d like to hear from and printed as space permits.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 55 In Memoriam

lvin R. Bates of Edmond died illiam H. Bruckner of athew M. Dowling of ADec. 8. He was born Sept. 15, WHouston died July 21. MOklahoma City died Dec. 11. 1955, in McKenzie, Tennessee. Mr. He was born Sept. 10, 1938, in He was born Nov. 25, 1931, in Bates enlisted in the U.S. Air Parkersburg, West Virginia. Mr. Oklahoma City. During his senior Force in 1974 and concluded his Bruckner received his J.D. from year of high school, Mr. Dowling service in the fall of 1978 after the TU College of Law in 1964. enlisted in the U.S. Marine Corps. graduating second in his class He worked for the National Labor After receiving an honorable from Arkansas State University. Relations Board until 1978, when medical discharge, he received his While working as a CPA, he he founded one of the nation’s bachelor’s degree from OU and his attended night law school and first labor and employment bou- J.D. from the OU College of Law received his J.D. from the OCU tiques, Tate, Bruckner & Sykes in 1957. He founded Educational School of Law in 1987. After many LLP in Houston. He continued Electronics Inc. and Math-U-Matic years of legal practice, he devel- to practice and work as manag- Inc. before opening his own law oped real estate, formed the North ing partner of the law firm, now practice in 1975. Toward the end of American Tie and Timber and Bruckner Burch PLLC, until his his career, he became well known became a contributing partner to retirement in 2010. Memorial for his pardon and parole work and Funds for Learning LLC. contributions may be made to spent many hours visiting inmates the Bruckner Scholarship Fund at in prisons across Oklahoma. ecil T. Beeson of Tulsa died St. Francis Episcopal Day School. Memorial contributions may be CNov. 3. He was born Aug. 2, made to the Crossings Community 1930. Mr. Beeson served in the ames Bryant Conant of Tulsa Church Prison Ministry. U.S. Navy. Jdied Dec. 18. He was born Sept. 2, 1966, in Inglewood, California. liot Ross Feiler of Oklahoma erbert F. Boles of Midland, In 1988, he received his bache- ECity died Dec. 29. He was born HTexas, died Dec. 11. He was lor’s degree from Colorado State Oct. 9, 1956, in Brooklyn, New York. born Dec. 29, 1926, in Canadian, University and his J.D. from the TU Mr. Feiler moved to Norman to Texas. In 1944, Mr. Boles graduated College of Law in 1994. Mr. Conant attend OU and after graduating, from Lubbock Senior High School, began his legal career at Oden received his J.D. from the OCU where he held the state record for Insurance Services of Tulsa and later School of Law in 1980. He was a the fastest time running the low moved into private law practice as founding member of the Oklahoma hurdles. He joined the U.S. Naval a litigation attorney. Most recently, City Commercial Law Attorneys Reserves after his first semester he was a senior insurance analyst Association and a long-standing of college and was honorably at Brown & Brown Insurance of member of the Kiwanis Club. discharged in 1945. While serving Oklahoma. Memorial contributions as vice president of exploration may be made to the American red Peek Gilbert of Tulsa died and production for APCO Oil Co. Diabetes Association or the Juvenile FDec. 13. He was born Nov. 5, 1937, in Oklahoma City, he received his Diabetes Research Foundation. in Tulsa. After earning his bachelor’s J.D. from the OU College of Law in degree from Harvard University, he 1968. Mr. Boles was past president avid Anthony Davis of received his LLB from Harvard Law of the Oklahoma City Association DMidwest City died Dec. 13. He School in 1965. Mr. Gilbert served of Petroleum Landman and was was born Feb. 10, 1981, in Oklahoma three years in the U.S. Army and awarded the Top Pioneer Award City. Mr. Davis served in the U.S. later retired after 30 years in the from the Permian Basin Petroleum Army in 1999. Upon returning reserves as a lieutenant colonel, an Pioneers in 2017. home, he worked for EMSA, was a airborne ranger and a member of reserve for the Oklahoma County the Special Forces. He also prac- Sheriff’s Office and opened his own ticed law for over 50 years and had business, Resolutions Nutrition. several criminal appeal cases that After earning his master’s degree reached the 10th Circuit. Memorial from OU, Mr. Davis received his J.D. contributions may be made to the from the OCU School of Law in 2019. Innocence Project.

56 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL alcom Pearce Hammond of ohn C. Mackey of Lawton died Oklahoma Pardon and Parole Board MTulsa died Feb. 11, 2020. He JDec. 20. He was born Oct. 23, and eventually became chairman. was born May 8, 1941, in Tulsa. 1944, in Austin, Texas. Mr. Memorial contributions may be While receiving his bachelor’s Mackey received his J.D. from made to Freedom Service Dogs of degree at OU, Mr. Hammond was the OU College of Law in 1969. America in Englewood, Colorado. a member of Phi Delta Theta and After law school, he was com- participated in the ROTC program. missioned into the U.S. Army. oy Dean Morrow of Miami After graduating in 1963, he went to In 1970, he was awarded the Cdied Nov. 29. He was born officer and airborne training at Fort Army Commendation Medal for Oct. 16, 1942, in Hollis. Mr. Morrow Benning, was an infantry platoon Meritorious Service and promoted received his J.D. from the OU College leader at Fort Hood and completed to the rank of captain. Upon his of Law in 1968. He joined the Miami his service as a first lieutenant at discharge from the Army in 1971, law firm of Wallace and Owens, Fort Sill in 1966. He received his J.D. he was awarded the Bronze Star. now Morrow, Watson and James, from the TU College of Law in 1972 He was a member of the Comanche where he practiced law for 50 years. and opened a private family law County Industrial Development He practiced primarily in litigation practice, where he actively practiced Authority and the Lawton Kiwanis and argued several cases before until May 2019. Memorial contribu- Club and was legal counsel for the Oklahoma Supreme Court. Mr. tions may be made to the First Tee the Comanche County Memorial Morrow initiated the formation of of Tulsa or the Tulsa Zoo. Hospital Authority Board of the Miami Education Enrichment Trustees. Memorial contributions Organization and was a member of ax D. Hochanadel of may be made to the Ella Mackey the First United Methodist Church. MSammamish, Washington, Starduster Foundation Inc. died April 3. He was born July 1, oger Dennis Patterson of 1934, in McPherson, Kansas. Mr. ames W. Merz of Norman died RMustang died Dec. 7. He Hochanadel received his bachelor’s JOct. 5. He was born March 27, was born Sept. 13, 1944, in Sayre. degree from St. Mary’s Seminary 1936. Mr. Merz received his J.D. Mr. Patterson served in the and University, master’s degree from the TU College of Law. U.S. Army, doing two tours in from Loyola University Chicago Vietnam, where he flew helicop- and J.D. from the TU College of atrick John Morgan of ters. He received his J.D. from the Law in 1966. Upon graduation, he PArcadia died Dec. 1. He was OU College of Law and did land worked as a prosecutor at the Tulsa born Aug. 20, 1938, in Antigo, title research. Memorial contribu- District’s Attorney’s Office for two Wisconsin. After receiving his tions may be made to the Mustang years. He was then hired by the bachelor’s degree, Mr. Morgan United Methodist Church or the National Labor Relations Board, entered the U.S. Marine Corps veteran’s charity of your choice. where he worked until retiring in and was commissioned April 1994. Memorial contributions may 1961. In 1966 and 1967, he was ennis Macarthur Quish of be made to Heifer International. deployed to Vietnam, where DRoswell, New Mexico, died he commanded Battery I of the July 24, 2018. He was born Feb. 7, aren L. Howick of Saint 11th Marine Brigade. He was 1942, in Boston. Mr. Quish served KClair, Michigan, died March 9. awarded the Bronze Star with in the U.S. Air Force at Walker Air She was born March 29, 1945, in Combat V for Valor and the Force Base in Roswell. Upon retir- Detroit. While visiting a friend in Navy Commendation Medal. He ing from American Airlines after Oklahoma, she decided to begin retired as a lieutenant colonel in 30 years, he received his J.D. from a career as a landman before April 1981. Mr. Morgan received the TU College of Law in 1993. choosing to study the law. Ms. his J.D. from the Columbus School Howick received her J.D. from the of Law at the Catholic University usan Leslie Shelton of Tulsa OCU School of Law in 1978. She of America in Washington, D.C., Sdied Sept. 13. She was born broke through the restrictive norms in 1982 and joined the Oklahoma Oct. 17, 1953, in Roswell, New and fought for women's equality County District Attorney’s Office. Mexico. She received her J.D. from throughout her legal career. In 1999, he was appointed to the the TU College of Law in 1985.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 57 inston Lee Watson of oseph D. Westlake of Tulsa 1981. He received his J.D. from the WAustin, Texas, died May 30. Jdied Nov. 30, 2019. He was OCU School of Law in 1993 and He was born Dec. 17, 1946, in Waco, born June 11, 1932. Mr. Westlake worked as a land and title attorney Texas. Mr. Watson was a corporal trained at the University of Kansas before retiring in 2016. Memorial in the U.S. Marine Corps and was in the ROTC program as a civil contributions may be made to the honored as the outstanding man engineer officer and was selected Muscular Dystrophy Association. of his training platoon upon com- as the battalion commander for pleting boot camp at Parris Island, his final graduation ceremony. ictor C. Wood Jr. of South Carolina. He received his He served in the U.S. Army. VHutchinson, Kansas, died J.D. from the TU College of Law Upon his return, he received his Nov. 15. He was born Sept. 13, in 1983 and worked as a corporate J.D. from the TU College of Law 1942, in Oklahoma City. Mr. attorney. Memorial contributions in 1963. Memorial contributions Wood served in the U.S. Army in may be made to the American may be made to the Tau Beta Phi Vietnam. After graduating from Cancer Society. Engineering Honor Society. OSU, he received his J.D. from the OU College of Law in 1969. elen Kennedy Westerman of homas E. Williams of For over 30 years, he worked as HOklahoma City died July 31. TChoctaw died Dec. 21. He was a workmen’s compensation and She was born March 15, 1929, in born May 31, 1958, in Boise City. injury attorney. He was a member Houston. Ms. Westerman received Mr. Williams attended the Air of Mensa International and the her J.D. from the OCU School of Force Academy and later earned National Rifle Association. Law in 1962. a bachelor’s degree from OSU in

Harry Arthur Woods Jr. Feb. 15, 1941 – Jan. 11, 2021 OBA President 2004

Harry A. Woods Jr. came into the world on Feb. 15, 1941, born to Harry and Viada (Young) Woods in his grandmother’s kitchen in Hartford, Arkansas. He spent his childhood on the family farm in Monroe, Oklahoma, helping to raise cattle and small crops, surrounded by his five younger siblings. Harry’s life-long curiosity, intelligence and boundless energy took him to OSU, where he was named “Outstanding Graduating Senior” and to New York University School of Law on a Root-Tilden Scholarship. He worked for White & Case Law Firm in New York City after graduating from NYU. He then served four years in the Army Judge Advocate General’s Corps at Ft. McClellan, Alabama. His heart always belonged to Oklahoma, so he was thrilled to join Crowe & Dunlevy in Oklahoma City in 1971. He enjoyed an immensely satisfying career and was proud to serve as president of the Oklahoma Bar Association in 2004, its centennial year. Harry’s greatest joy was his family. He and his wife, Carol (Meschter), were married for nearly 54 years and had two children, Arthur and Beth Ann (Graham). He also had six grandchildren – Lauren Lee and Eliot and Nicholas Woods, joined by Robert (Laura), Rosemary (Miguel) and Andrew Lee; and two great-grandchildren – Calvin and Max Lee. Harry developed many important friendships during his law practice and through his wide range of hobbies and interests, which included windsurfing, jogging, rock climbing, biking, hiking, photography, travel, eating with The Good Times Gang Dinner Group and flying his beloved Bonanza. For the past few years, his book club was espe- cially important to him. He was a member of the First United Methodist Church in Edmond, where he participated in the Faith Experience Sunday School class and held various positions. In lieu of flowers, donations may be made to the First United Methodist Church in Edmond, Oklahoma Indian Legal Services Inc. or a charity of your choice.

58 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL 2021 ISSUES

MARCH SEPTEMBER Marijuana and the Law Bar Convention Editor: Virginia Henson Editor: Carol Manning [email protected] Deadline: Oct. 1, 2020 OCTOBER Tax Law APRIL Editor: Tony Morales Law Day [email protected] Editor: Carol Manning Deadline: May 1, 2021

MAY NOVEMBER African American DUI Legal History Editor: Aaron Bundy Editor: Melissa DeLacerda [email protected] [email protected] Deadline: Aug. 1, 2021 Deadline: Jan. 1, 2021 DECEMBER AUGUST Elder Law Personal Injury Editor: Luke Adams Editor: Cassandra Coats [email protected] cassandracoats@leecoats. Deadline: Aug. 1, 2021 com Deadline: May 1, 2021

If you would like to write an article on these topics, contact the editor. EDITORIAL CALENDAR EDITORIAL

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 59

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THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 61 POSITIONS AVAILABLE POSITIONS AVAILABLE

GENERAL COUNSEL. The Oklahoma Health Care Authority (OHCA) is the State Medicaid Agency for the EDINGER LEONARD & BLAKLEY, PLLC, an State of Oklahoma. OHCA is searching for a General Oklahoma City AV and US News Best Law Firm Counsel. The ideal candidate will direct the legal focused on complex commercial litigation, is cur- function for OHCA in Federal and state court involv- rently expanding and diversifying its practice areas. ing litigation of cases against the OHCA regarding ELB is seeking established attorneys and practice the Medicaid program. The candidate will provide groups in the areas of health care, bankruptcy, legal advice to agency representatives and the Board estate planning, real estate, banking and business of Directors regarding compliance with standards set litigation. ELB is located in the Classen Curve area by the Centers for Medicare and Medicaid Services in the newly remodeled NBC Bank Building, with (CMS), Open Records Act, open meetings laws and underground parking. ELB offers a low overhead others. Must be an active member of the State Bar of alternative with no personal lease obligations in Oklahoma. Other relevant legal and/or administration a highly professional setting. Inquiries should experience, as well as significant background in health be directed to [email protected] or care administration, health care insurance, and/or state 405.848.8300. All inquiries will be confidential. or federal health care programs preferred. Salary based on education and experience. For more information and to apply visit www.jobapscloud.com/OK/sup/ NORMAN BASED LAW FIRM IS SEEKING SHARP, bulpreview.asp?R1=201222&R2=UNCE&R3=434 MOTIVATED ATTORNEYS for fast-paced transactional work. Members of our growing firm enjoy a team atmo- sphere and an energetic environment. Attorneys will be THE OKLAHOMA BAR ASSOCIATION HEROES pro- part of a creative process in solving tax cases, handle an gram is looking for several volunteer attorneys. The need assigned caseload and will be assisted by an experienced for FAMILY LAW ATTORNEYS is critical, but attorneys support staff. Our firm offers health insurance benefits, from all practice areas are needed. All ages, all counties. paid vacation, paid personal days and a 401K matching Gain invaluable experience, or mentor a young attorney, program. No tax experience necessary. Position location while helping someone in need. For more information or can be for any of our Norman, OKC, or Tulsa offices. to sign up, contact 405-416-7086 or [email protected]. Submit resumes to [email protected].

NORMAN BASED FIRM IS SEEKING A SHARP AND PART-TIME ADMINISTRATIVE POSITION IN SMALL MOTIVATED ATTORNEY to handle HR-related mat- NW OKC LAW OFFICE that focuses on business, probate ters. Attorney will be tasked with handling all aspects and estate planning. Position will handle administra- of HR-related items. Experience in HR is required. Firm tive functions of the law office, document drafting and offers health/dental insurance, paid personal/vacation related activities including secretarial functions. Must days, 401(k) matching program and a flexible work have command of MS Outlook and Word and ability to schedule. Members of our firm enjoy an energetic and multitask. Position requires driving personal vehicle team-oriented environment. Position location can be for office errands. Previous office experience required. for any of our Norman, OKC or Tulsa offices. Submit Opportunities to advance for right fit. Send resume and resumes to [email protected]. brief cover letter to [email protected], reference this post. ASSISTANT DISTRICT ATTORNEY POSITION. Tim R. Webster District Attorney for District 19 is seeking an ESTATE PLANNING LAW FIRM of Hallman & Assistant District Attorney for the Durant office. This Associates, P.C. seeking senior attorney with 5-30 years’ is a four-attorney office, and the primary functions of experience in Estate and Trust Administration and this position will be juvenile cases and general criminal Probate. Tired of the big firm hours? We take a team assignment. Salaried position with full state benefits. approach to serving clients. Salary commensurate Please send resume, references, and cover letter to: Tim R. with experience, health insurance, paid vacation, per- Webster, 117 North Third, Durant, Oklahoma 74701 or sonal days and a 401K matching program. Confidential email to [email protected]. resume submissions: [email protected].

62 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

SMITH BARKETT LAW GROUP, a plaintiff-centric JUDGE ADVOCATE GENERAL’S (JAG) CORPS complex litigation law firm with offices in Tulsa and for Oklahoma Army National Guard is seeking Muskogee, is seeking multiple attorneys with 3-10 years qualified licensed attorneys to commission as of experience in civil litigation to serve in senior associate Judge Advocates. Selected candidates will complete or of-counsel capacities. The firm focuses on catastrophic a six-week course at Fort Benning, Georgia followed injuries, insurance bad faith, medical malpractice, wrong- by a tenand one-half week Military Law course at the ful death, semi-truck litigation, business litigation, crimi- Judge Advocate General’s Legal Center on the beauti- nal defense, civil defense, and virtually all other areas of ful campus of University of Virginia in Charlottesville, practice. Our compensation structure is unique and com- Virginia. This is not a full-time employment position. petitive and offers wonderful opportunities for growth Judge Advocates in the Oklahoma National Guard in a fun and relaxed atmosphere. Successful candidates will ordinarily drill one weekend a month and com- will bring experience in research, writing, discovery plete a two-week Annual Training each year. Benefits management, depositions, and/or jury trials. Please pro- include low cost health, dental, and life insurance, PX vide a cover letter and resume to Michael Barkett and and commissary privileges, 401(k) type savings plan, Rusty Smith via email to [email protected]. free CLE, and more! For additional information con- tact CPT Rebecca Pettit, email Rebecca.l.pettit.mil@ mail.mil or call 405-228-5052.

WATKINS TAX RESOLUTION AND ACCOUNTING FIRM is hiring attorneys for its Oklahoma City and Tulsa offices. The firm is a growing, fast-paced setting with a focus on client service in federal and state tax help (e.g. offers in compromise, penalty abatement, innocent spouse relief). Previous tax experience is not required, but previous work in customer service is preferred. Competitive salary, health insurance and 401K available. Please send a one-page resume with one-page cover letter to [email protected].

TULSA AV RATED LAW FIRM SEEKING ASSOCIATE with excellent litigation, research, and writing skills, 3-5 years’ experience for general insurance defense, long term care defense, professional negligence defense practices. Must have litigation experience for all phases of Pretrial discovery and trial experience with research and writing skills also preferred. Send replies to Box M, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152.

THE OKLAHOMA BAR JOURNAL FEBRUARY 2021 | 63 The Back Page

64 | FEBRUARY 2021 THE OKLAHOMA BAR JOURNAL