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Oklahoma Bar Journal Theme Issue Volume 82 u No. 2 u January 15, 2011 ALSO INSIDE • Pledges to a Charity • Puzzling Predicaments in Probate • Benefits of OBA Membership • Meet the New OBF President OBA President Deborah A. Reheard Fellers Snider Law Firm congratulates Eric Eissenstat on his new position as Sr. Vice President and Chief Legal Officer at Continental Resources and thanks him for 27 years of excellence. OKLAHOMA CITY TULSA (405) 232-0621 (918) 599-0621 www.FellersSnider.com Vol. 82 — No. 2 — 1/15/2011 The Oklahoma Bar Journal 105 OBA Exclusive color lithograph • available now • 11” x 15” color lithograph • to view in color see www.okbar.org • $25 for unsigned print or $45 for signed print, plus $6 certified mail costs (no mailing charges if picked up at Oklahoma Bar Center) Name ______________________________________ Make check payable to the OBA and mail entire page to: OBA, P.O. Box 53036 OBA # ______________________________________ Oklahoma City, OK 73152-3036 For p Visa or p Master Card Street Address* ______________________________ Fax: (405) 416-7001 City_________________State_____ Zip ___________ Credit Card # _________________________________ Exp. Date ___________________________________ ____ unsigned print(s) @ $25 each $ ________ plus $6 certified mail costs if OBA is to mail Authorized Signature ____ signed print(s) @ $45 each $ ________ plus $6 certified mail costs if OBA is to mail ______________________________________________ (no mailing charges if picked Total $ ________ Questions: call Debbie Brink, (405) 416-7014 up at Oklahoma Bar Center) or E-mail [email protected] 106 The Oklahoma Bar Journal Vol. 82 — No. 2 — 1/15/2011 THEME: pg. 160 MEET YOUR BAR ASSOCIATION Homestead and Spousal Rights OBA Exclusive contents DEPARTMENTS January 15, 2011 • Vol. 82 • No. 2 108 From the President 169w La Practice Tips 174 Ethics/Professional Responsibility 176 OBA Board of Governors Actions 178 Oklahoma Bar Foundation News 181 Lawyers for Heroes color 183 Access to Justice 185 Young Lawyers Division lithograph 187 Calendar 189 For Your Information • available now 191 Bench and Bar Briefs • 11” x 15” color lithograph 194 In Memoriam • to view in color see 121 Editorial Calendar www.okbar.org 200 The Back Page • $25 for unsigned print or $45 for signed print, plus $6 certified mail costs PLUS (no mailing charges if picked up at Oklahoma Bar Center) 147 Pledges to a Charity: Can They Be Enforced and When Should They Be? By Gary C. Clark and M. Brandon Meyer Cover Photo: Jeff Kelton 154 Determining Heirs-at-Law Name ______________________________________ Make check payable to the OBA and mail entire page to: By Judge Linda Morrissey and Julie Bushyhead OBA, P.O. Box 53036 OBA # ______________________________________ Oklahoma City, OK 73152-3036 160 Homestead and Spousal Rights By Judge Linda Morrissey and Julie Bushyhead For p Visa or p Master Card FEATURES Street Address* ______________________________ 164 Probate and Oil and Gas Fax: (405) 416-7001 111 Meet 2011 OBA President Development Deborah Reheard City_________________State_____ Zip ___________ Credit Card # _________________________________ By Judge Linda Morrissey and Julie Bushyhead By Lori Rasmussen Exp. Date ___________________________________ 115 OBA Officers and Board ____ unsigned print(s) @ $25 each $ ________ of Governors plus $6 certified mail costs if OBA is to mail Authorized Signature 122 OBA Departments and the ____ signed print(s) @ $45 each $ ________ Member Services They Provide pg. 147 plus $6 certified mail costs if OBA is to mail ______________________________________________ 131 OBA Membership Benefits Pledges to a Charity (no mailing charges if picked Total $ ________ Questions: call Debbie Brink, (405) 416-7014 137 OBA Websites: What Information up at Oklahoma Bar Center) or E-mail [email protected] Do They Provide? 138 OBA Sections and Their Leadership Vol. 82 — No. 2 — 1/15/2011 The Oklahoma Bar Journal 107 FROM THE PRESIDENT Bar to Focus on Military Assistance By Deborah Reheard I am proud to be a lawyer. We as attorneys have a unique opportunity to serve, whether Our profession remains a noble and honorable one, through service to our military though tarnished throughout history for a myriad of members and veterans, the home- reasons. But just like charity, pride begins at home. less or the hungry. We can serve If we are not proud of ourselves and our profession, our communities through civic why should we expect others to be proud of who we organizations, service groups, are, what we do and our accomplishments? state and local government offices, The best way to show our pride in our profession is and volunteer work. We can show to use the unique skills, training and traits we have as our own little corner of the world lawyers to help where needed. Courage, hope, honor, how proud we are to be lawyers. compassion and sacrifices have been the As I begin my glory of our profession. It is up to us as year as president of lawyers not only to seek justice but to this august organi- speak it, act it, exemplify it. “We as zation, I do so not In 2011, nearly 4,000 men and women only with pride but from the great state of Oklahoma alone attorneys with great humility. will be deployed to Afghanistan and have a Humility is about other places unknown to fight for those maintaining the freedoms embodied in that same Consti- unique pride we have in tution that we as lawyers have sworn to our profession — uphold. These soldiers need our help opportunity who we are, what now, while they are there we do and our and when they return. In to serve…” accomplishments. addition, there are thou- It is a lack of arro- sands of soldiers, sailors, gance, not a lack of airmen and Marines who aggressiveness nor have served this country selflessly who a lack of advocacy. Our profession deserve the benefit of our time and our has suffered damage one incident special skills and training as they reinte- at a time. It can be restored one grate into society. And we cannot forget good work at a time. those who have fought in previous con- flicts and wars who gave no less than our We must maintain our pride in servicemen and women are giving today. who we are, what we do and our achievements. Pride in our work Thus was born Oklahoma Lawyers for and pride in our service. America’s Heroes. An insert is included in this bar journal explaining more about this I am proud to be a lawyer, President Reheard program and the OBA’s special relation- proud to serve as your president, practices in Eufaula. and proud to work with you and [email protected] ship with Pros 4 Vets, a veterans advocacy (918) 689-9281 group started right here in Oklahoma by for you. an Oklahoma lawyer. It is not only a privi- lege to come to the legal assistance of this nation’s military members, it is the right thing to do. 108 The Oklahoma Bar Journal Vol. 82 — No. 2 — 1/15/2011 OFFIC ERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City EVENTS CALENDAR Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, JANUARY 2011 Tulsa Martha Rupp Carter, Tulsa 17 OBA Closed – Martin Luther King Jr. Day Observed Charles W. Chesnut, Miami 18 OBA Bar Center Facilities Committee Meeting; 2 p.m.; Oklahoma Renée DeMoss, Tulsa Gerald C. Dennis, Antlers Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Glenn A. Devoll, Enid Judy Hamilton Morse (405) 235-7759 Steven Dobbs, Oklahoma City OBA Civil Procedure and Evidence Code Committee Meeting; O. Chris Meyers II, Lawton Lou Ann Moudy, Henryetta 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: D. Scott Pappas, Stillwater James Milton (918) 591-5229 David A. Poarch Jr., Norman 19 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Roy D. Tucker, Muskogee, Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 Chairperson, OBA/Young Lawyers Division OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar BAR CENTER STAFF Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: John Morris Williams, Executive Director; Deborah Bruce (405) 528-8625 Gina L. Hendryx, General Counsel; Donita Bourns Douglas, Director of Educational 20 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Programs; Carol A. Manning, Director of Center, Oklahoma City and OSU Tulsa; Contact: Barbara Swinton Communications; Craig D. Combs, Director of (405) 713-7109 Administration; Travis Pickens, Ethics Counsel; Jim Calloway, Director of Management Assistance OBA Bar Association Technology Committee Meeting; 3 p.m.; Program; Beverly Petry Lewis, Administrator Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Gary Clark MCLE Commission; Jane McConnell, Coordinator (405) 744-1601 Law-related Education; John Burchell, Information Services Manager; Loraine Dillinder Farabow, 21 Oklahoma Bar Foundation New Trustee Orientation; 10:30 a.m.; Debbie Maddox, Ted Rossier, Assistant General Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy Counsels; Katherine Ogden, Staff Attorney, (405) 416-7070 Tommy Butler, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators Oklahoma Bar Foundation Trustee Meeting; 1 p.m.; Oklahoma Bar Manni Arzola, Debbie Brink, Stephanie Burke, Center, Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070 Brenda Card, Morgan Estes, Johnny Marie OBA Unauthorized Practice of Law Meeting; 1:30
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