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<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>Seda Law Firm</title> <atom:link href="https://www.sedalawfirm.com/feed/" rel="self" type="application/rss+xml" /> <link>https://www.sedalawfirm.com</link> <description></description> <lastBuildDate>Wed, 27 Aug 2025 12:05:47 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.8.2</generator> <image> <url>https://www.sedalawfirm.com/wp-content/uploads/2023/01/Sedalawfirm-favicon.png</url> <title>Seda Law Firm</title> <link>https://www.sedalawfirm.com</link> <width>32</width> <height>32</height></image> <item> <title>August Is Make-A-Will Month: Why Every Oklahoman Needs an Estate Plan</title> <link>https://www.sedalawfirm.com/blog/august-is-make-a-will-month-why-every-oklahoman-needs-an-estate-plan/?utm_source=rss&utm_medium=rss&utm_campaign=august-is-make-a-will-month-why-every-oklahoman-needs-an-estate-plan</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Wed, 27 Aug 2025 12:05:46 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=6230</guid> <description><![CDATA[<p>August is recognized nationwide as Make-A-Will Month—a perfect time to take a serious look at your estate planning.  Whether you’re young or old, wealthy or not, married or single, one thing is certain: you need a plan in place for what happens when you’re gone, especially if you own “real property” or have more than […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/august-is-make-a-will-month-why-every-oklahoman-needs-an-estate-plan/">August Is Make-A-Will Month: Why Every Oklahoman Needs an Estate Plan</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>August is recognized nationwide as <em>Make-A-Will Month</em>—a perfect time to take a serious look at your estate planning. </p> <p>Whether you’re young or old, wealthy or not, married or single, one thing is certain: you need a plan in place for what happens when you’re gone, especially if you own “real property” or have more than $50,000 in savings or other assets. </p> <h2 class="wp-block-heading"><strong>Why a Will Matters in Oklahoma</strong></h2> <p>A <em>will</em> is the most basic estate planning document. It lets you:</p> <ul class="wp-block-list"><li>Name who inherits your property</li> <li>Choose a guardian for your minor children</li> <li>Appoint someone to handle your estate (your “executor”)</li></ul> <p>Without a will, Oklahoma’s law says a court will decide who gets your assets, which could lead to an outcome you wouldn’t have chosen. </p> <p>But, even if you <em>do</em> have a will, it’s important to understand one critical fact: in Oklahoma, <strong>a will </strong><strong>must</strong><strong> go through probate</strong>.</p> <figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper"><iframe title="Probate Explained" width="800" height="450" src="https://www.youtube.com/embed/S_RtO4Qn7b8?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div></figure> <h2 class="wp-block-heading"><strong>What Is Probate and Why Should You Care?</strong></h2> <p>Probate is the legal process of validating a will and distributing a deceased person’s assets. This is done through a court process. In Oklahoma, probate can be:</p> <ul class="wp-block-list"><li>Time-consuming (lasting months or in some cases years, especially if there is disagreement among family members)</li> <li>Expensive (due to court fees, attorney fees, and other costs)</li> <li>Public (the proceedings are public record. Anyone can see your file, including what you owned and who inherited it)</li></ul> <p>So while having a will is far better than having nothing at all, it doesn’t keep your family out of probate, and it might not offer the level of privacy or control many families want.</p> <h2 class="wp-block-heading"><strong>A Better Option: A Revocable Living Trust</strong></h2> <p>If you’re looking for a more complete and efficient estate planning solution, a <strong>Revocable Living Trust</strong> is what we typically recommend to our clients.</p> <p>With a properly funded trust, your assets can pass directly to your beneficiaries <em>without</em> going through probate. This means:</p> <ul class="wp-block-list"><li>Faster distribution</li> <li>Lower long-term costs</li> <li>More privacy and control</li></ul> <p>A trust also allows you to plan for incapacity, protect minor children, and help ensure smooth management of your assets if something happens to you.</p> <p>If you already have a plan in place, that’s great. However, it’s important to remember that life changes, such as marriage, divorce, new children, new property, etc, can make old plans obsolete. If your documents haven’t been reviewed in the last 3-5 years, now’s the time.</p> <p>Estate planning doesn’t have to be overwhelming, and you don’t have to figure it out on your own. We’re here to help Oklahomans understand their options and make smart, informed decisions about the future.</p> <p>Don’t put it off any longer. </p> <p>Ready to get your plan in place? Curious about what to do next? We are here to help. <a href="https://www.sedalawfirm.com/contact-us/" target="_blank" rel="noopener" title="">Book your FREE 15-minute Discovery Call</a> with our team to get your questions answered or to get the process started. Click the button below to reach us or call our office at 405-759-0678.</p> <div class="wp-block-essential-blocks-button root-eb-button-799a4"><div class="eb-parent-wrapper eb-parent-eb-button-799a4 "><div class="eb-button-wrapper eb-button-alignment eb-button-799a4"><div class="eb-button"><div class="eb-button-inner-wrapper "><a class="eb-button-anchor " href="https://www.sedalawfirm.com/contact-us/" rel="noopener">Contact Us</a></div></div></div></div></div><p>The post <a href="https://www.sedalawfirm.com/blog/august-is-make-a-will-month-why-every-oklahoman-needs-an-estate-plan/">August Is Make-A-Will Month: Why Every Oklahoman Needs an Estate Plan</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Guardianship vs. Power of Attorney: What’s the Difference?</title> <link>https://www.sedalawfirm.com/blog/guardianship-vs-power-of-attorney-whats-the-difference/?utm_source=rss&utm_medium=rss&utm_campaign=guardianship-vs-power-of-attorney-whats-the-difference</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Mon, 21 Jul 2025 13:22:02 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=6092</guid> <description><![CDATA[<p>When a loved one can no longer make decisions for themselves, families often face difficult legal and emotional decisions. This is where the confusion over Power of Attorney and Guardianship comes into play.  While these terms are often confused, they are very different in purpose, process, and legal impact. This is why knowing your legal […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/guardianship-vs-power-of-attorney-whats-the-difference/">Guardianship vs. Power of Attorney: What’s the Difference?</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>When a loved one can no longer make decisions for themselves, families often face difficult legal and emotional decisions. This is where the confusion over <strong>Power of Attorney</strong> and <strong>Guardianship</strong> comes into play. </p> <p>While these terms are often confused, they are very different in purpose, process, and legal impact. This is why knowing your legal options and getting the right guidance is important. </p> <p>So let’s take a closer look at the two and how they can impact your estate planning in Oklahoma City and surrounding areas.</p> <h2 class="wp-block-heading"><strong>What Is Power of Attorney?</strong></h2> <p>A Power of Attorney (also called a POA) is a legal document allowing an individual to appoint someone else, often a family member, to make decisions on their behalf, should the individual become no longer able to decide for themselves. It must be created while the individual is still mentally competent.</p> <p>There are three common types of POAs:</p> <ul class="wp-block-list"><li>General POA — gives a specific person broad authority over finances and legal matters.</li> <li>Durable POA — is effective if/when a person is incapacitated.</li> <li>Medical POA — applies specifically to healthcare decisions.</li></ul> <p>A POA is a proactive tool and cost-effective part of a good estate plan. It is a helpful way to keep families out of court and ensures someone trusted will be able to make key decisions. </p> <p><em>While many people name a family member in their POA, you don’t have to. There are companies who are also able to handle these types of situations. Check out our recent interview with Purview Life to learn more about this option.</em></p> <h2 class="wp-block-heading"><strong>What Is Guardianship?</strong></h2> <p>Guardianship is a legal relationship established by the court when someone is no longer able to care for themselves or make decisions. This happens when someone did not previously designate a POA.</p> <p>In Oklahoma, a judge appoints a guardian to make decisions on behalf of the individual, who is referred to as a “ward.”</p> <p>There are two main types of guardianship:</p> <ul class="wp-block-list"><li>Of the person — which involves healthcare and daily living decisions.</li> <li>Of the estate — which covers financial matters and property.</li></ul> <p>Oftentimes, one person will be appointed for both “guardian of the person and property of an adult”.</p> <p>Unlike the POA, guardianship typically involves medical evaluations, a legal petition, and a hearing. It can take at least 4-6 weeks, and includes ongoing court oversight.</p> <h2 class="wp-block-heading"><strong>Who Does Guardianship Effect?</strong></h2> <p>Guardianship is typically needed in a situation where an adult is suffering from dementia or alzheimers and is no longer able to care for themselves. </p> <p>For minors, guardianship can come into play when children are left in a situation where neither parent is able to care for them. This could be due to death, incarceration, abandonment, etc. Typically, in the case of minors, it is a family member or close family friend who steps forward to file for guardianship. </p> <h2 class="wp-block-heading"><strong>Key Differences</strong></h2> <p>The differences between POA and guardianship come down to timing, control, and complexity:</p> <ul class="wp-block-list"><li>Timing: A POA is created while the person still has capacity. Guardianship is used when capacity has already been lost.</li> <li>Consent: A POA is granted voluntarily; guardianship is imposed by the court.</li> <li>Cost and Oversight: POAs are simple and private. Guardianship can be expensive and requires ongoing court involvement.</li> <li>Revocation: A person can revoke a POA as long as they are competent. Guardianship can only be changed or removed through the court.</li></ul> <p>In short, Power of Attorney gives an individual more control. Guardianship involves more oversight and complexity.</p> <h2 class="wp-block-heading"><strong>What’s Right for Your Situation?</strong></h2> <p>If your loved one is still mentally capable, creating a Power of Attorney in Oklahoma City is the fastest, most affordable, and most flexible option. It can be set up quickly with the help of an estate planning attorney in Oklahoma City.</p> <p>However, if mental capacity has already been lost and no POA exists, guardianship may be the only option. While it involves more legal steps, it provides essential protections for vulnerable individuals.</p> <p>Many guardianship cases could be avoided with advanced estate planning. At Seda Law Firm, we help families in Oklahoma City navigate both POAs and guardianship with compassion and clarity. </p> <p>If you’re unsure where to start, our office can help. Book your FREE Discovery Call and let us help you figure out what might be best for you or your family. </p> <p>Because we know planning today can save your family stress and legal headaches tomorrow. </p> <p>Give us a call at 405-759-0678 to get started. </p> <div class="wp-block-essential-blocks-button root-eb-button-91k6e"><div class="eb-parent-wrapper eb-parent-eb-button-91k6e "><div class="eb-button-wrapper eb-button-alignment eb-button-91k6e"><div class="eb-button"><div class="eb-button-inner-wrapper "><a class="eb-button-anchor " href="https://www.sedalawfirm.com/contact-us/" rel="noopener">Book A Call</a></div></div></div></div></div> <p></p><p>The post <a href="https://www.sedalawfirm.com/blog/guardianship-vs-power-of-attorney-whats-the-difference/">Guardianship vs. Power of Attorney: What’s the Difference?</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>The Inheritance Mistake Many Oklahoma Couples Make</title> <link>https://www.sedalawfirm.com/blog/the-inheritance-mistake-many-oklahoma-couples-make/?utm_source=rss&utm_medium=rss&utm_campaign=the-inheritance-mistake-many-oklahoma-couples-make</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Mon, 16 Jun 2025 08:00:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5822</guid> <description><![CDATA[<p>A common estate planning misconception that we, at Seda Law Firm, hear from potential clients is the belief that their spouse will automatically inherit everything, if something were to happen to just one of them. Unfortunately, in Oklahoma, that’s not necessarily the case.  “We are a separate property state,” said Roberto Seda, an estate planning […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/the-inheritance-mistake-many-oklahoma-couples-make/">The Inheritance Mistake Many Oklahoma Couples Make</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>A common estate planning misconception that we, at Seda Law Firm, hear from potential clients is the belief that their spouse will automatically inherit everything, if something were to happen to just one of them. </p> <p><strong>Unfortunately, in Oklahoma, that’s not necessarily the case. </strong></p> <p>“We are a separate property state,” said Roberto Seda, an estate planning attorney with Seda Law Firm. “What that means is that not all assets are automatically shared between spouses.”</p> <p>In Oklahoma, if a spouse passes away, individual assets that are owned in the deceased spouse’s name do not automatically transfer. Instead, they can be divided between the surviving spouse and any living children. </p> <p>“It’s a long, drawn-out equation that state law outlines,” said Seda. “It’s decided on a case-by-case basis, by the court.” </p> <p>That process is called probate. </p> <figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper"><iframe title="Common misconception about what happens when you die" width="800" height="450" src="https://www.youtube.com/embed/7tp8a2jCiXs?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div></figure> <p>Probate can be confusing, time-consuming, and costly—especially when families are already dealing with the emotional weight of a loss. </p> <p>“One thing people don’t realize is that most probates cost more than $4,000,” said Seda. “It’s important to consider if you want your family to have to pay that in the future or if you want to invest in a plan now that will help them avoid probate and its associated costs.”</p> <p>At Seda Law Firm, we recommend that all families have a comprehensive estate plan. That can include a Revocable Living Trust, Financial and Medical Powers of Attorney, a Living Will, and an Advanced Healthcare Directive.</p> <p>A comprehensive estate plan can: </p> <ul class="wp-block-list"><li>Help your loved ones avoid surprises</li> <li>Clarify your wishes in writing</li> <li>Bypass lengthy probate battles</li> <li>Ensure that your spouse or children are properly provided for.</li></ul> <p>If you already have an estate plan, when was the last time you reviewed it? Regular reviews, especially after major life events, such as marriages, births, retirement, or change in assets, are important to ensuring your plan works as desired. We recommend a review every 2-3 years. </p> <p>Estate planning doesn’t have to be overwhelming. Not having a plan, or having a plan that is out of date, can create unwanted complications for your family. </p> <p>Our team is here to help. If you have any questions about estate planning or would like to get a plan started give us a call at 405-759-0678.</p><p>The post <a href="https://www.sedalawfirm.com/blog/the-inheritance-mistake-many-oklahoma-couples-make/">The Inheritance Mistake Many Oklahoma Couples Make</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Think You Don’t Need an Estate Plan? Think Again.</title> <link>https://www.sedalawfirm.com/blog/think-you-dont-need-an-estate-plan-think-again/?utm_source=rss&utm_medium=rss&utm_campaign=think-you-dont-need-an-estate-plan-think-again</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Mon, 19 May 2025 18:35:16 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5652</guid> <description><![CDATA[<p>Why Estate Planning Matters In Every Chapter of Life It’s a common myth that estate planning is only for the wealthy or for those who are nearing or past retirement age.  The truth is everyone needs a plan for what will happen to their assets when they are gone! Whether you are getting married, having […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/think-you-dont-need-an-estate-plan-think-again/">Think You Don’t Need an Estate Plan? Think Again.</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<h2 class="wp-block-heading"><strong>Why Estate Planning Matters In Every Chapter of Life</strong></h2> <p>It’s a common myth that estate planning is only for the wealthy or for those who are nearing or past retirement age. </p> <p>The truth is everyone needs a plan for what will happen to their assets when they are gone!</p> <p>Whether you are getting married, having a baby, adopting a child, losing a spouse or getting a divorce, or even having an unexpected medical emergency — creating an estate plan is one of the most important steps you can take to protect your family and your assets. </p> <p>A comprehensive estate plan, when properly created can ensure peace of mind, no matter what may come.</p> <p>Let’s look at a few phases of life where creating or updating an estate plan may be in your best interest. </p> <h3 class="wp-block-heading"><strong>Marriage:</strong></h3> <p>When a couple gets married, generally they join their assets and/or finances. At this point, creating an estate plan will ensure, if something happens to either of you, your spouse can access and take ownership of your assets without court interference.</p> <p>Without an estate plan, your assets could end up in probate — leaving a judge to make the decisions about who gets what. Generally, a judge will follow what your state laws recommend. However, with a comprehensive estate plan — including a Revocable Living Trust — you can control the distribution of your assets and help your spouse avoid costly probate proceedings. </p> <p>Beyond that, an estate plan guarantees that if something were to happen to both of you your families could handle your assets in the way you see fit.</p> <figure class="wp-block-image alignright size-full is-resized"><img fetchpriority="high" decoding="async" width="853" height="853" src="https://www.sedalawfirm.com/wp-content/uploads/2025/05/boy-926103_1280-1-edited-1.jpg" alt="" class="wp-image-5661" style="width:289px;height:auto" srcset="https://www.sedalawfirm.com/wp-content/uploads/2025/05/boy-926103_1280-1-edited-1.jpg 853w, https://www.sedalawfirm.com/wp-content/uploads/2025/05/boy-926103_1280-1-edited-1-768x768.jpg 768w" sizes="(max-width: 853px) 100vw, 853px" /></figure> <h3 class="wp-block-heading"><strong>Birth or Adoption of a Child:</strong></h3> <p>Once you have kids, it’s important to plan for their future — especially guardianship. Having guardianship outlined in an estate plan can ensure that you get a say in who will care for your child(ren) if something happens to you. Without that, a judge will default to state law in deciding who raises your children. </p> <p>An estate plan can also help you plan for your child’s inheritance. You can decide what and how much they will inherit and at what age. </p> <p>For instance, if you don’t want your children to inherit a lot of money at 18, you can specify that they get a certain amount or percentage, and at what age (or ages) it will be distributed to them. You can even outline if and how they can access funds for things like college or living expenses.</p> <h3 class="wp-block-heading"><strong>Divorce:</strong></h3> <p>Divorce can drastically affect your estate planning. If you already have an estate plan in place with your now ex, you will want to update it. Failing to do so could mean they inherit your assets, if something happens to you. It can be very complicated if your estate is not updated.</p> <p>Creating or updating an estate plan after a divorce ensures your assets are going to the people you choose. It is also important, in this case, to choose a successor trustee whom you trust to carry out your wishes. That can be a friend, a family member, or even a professional who provides that service.</p> <h3 class="wp-block-heading"><strong>Remarriage:</strong></h3> <p>Blending families when you remarry can have a complicated impact on asset distribution. By creating an estate plan, you can ensure any children you or your new spouse have from a previous marriage are provided for, while still protecting the financial interests of your new spouse. </p> <p>Updating your estate plan after you remarry also ensures that you have a plan for who will inherit what, as well as who will be in charge of making decisions for you, if you become incapacitated. </p> <p>While it can be complicated, planning an estate for a blended family is important. Working with an experienced estate planning attorney will help you to think through the options and various scenarios, ensuring no one is unintentionally left out. They can also guide you through the process, explaining how state laws and other factors could impact your estate.</p> <figure class="wp-block-image alignright size-full is-resized"><img decoding="async" width="853" height="853" src="https://www.sedalawfirm.com/wp-content/uploads/2025/05/death-2421820_1280-edited.jpg" alt="" class="wp-image-5667" style="width:275px;height:auto" srcset="https://www.sedalawfirm.com/wp-content/uploads/2025/05/death-2421820_1280-edited.jpg 853w, https://www.sedalawfirm.com/wp-content/uploads/2025/05/death-2421820_1280-edited-768x768.jpg 768w" sizes="(max-width: 853px) 100vw, 853px" /></figure> <h3 class="wp-block-heading"><strong>Death of a Spouse:</strong></h3> <p>If your spouse passes away, an estate plan can ensure that the surviving spouse or any beneficiaries inherit assets with fewer roadblocks. </p> <p>Updating or creating an estate plan after the death of a spouse also ensures that the surviving spouse has a plan, no matter what happens to them. After one spouse has passed, it’s important to ensure a plan for any assets — whether that is passing them on to children or other family members, or donating to an organization of your choosing — as well as a plan for health care and financial decisions. Those are part of the POAs that are included with a comprehensive estate plan.</p> <h3 class="wp-block-heading"><strong>Retirement </strong></h3> <p>If you reach retirement and do not have an estate plan, now is the time to do so!</p> <p>A comprehensive estate plan can include provisions for health care decisions, living wills, and powers of attorney — ensuring that someone you trust is legally able to make decisions for you if you are unable to make them for yourself. </p> <p>Estate planning doesn’t have to be complicated. Our team at Seda Law Firm is here to walk you through the process.</p> <p>Don’t wait until it’s too late — take the first step toward protecting your loved ones today!</p> <p>Our team at Seda Law Firm is here to help. Have questions? Ready to get started? Get your free consultation by calling us at 405-759-0678.</p> <figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper"><iframe title="The Process of Estate Planning [How do I get started?]" width="800" height="450" src="https://www.youtube.com/embed/j_FBsikm2T8?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div></figure><p>The post <a href="https://www.sedalawfirm.com/blog/think-you-dont-need-an-estate-plan-think-again/">Think You Don’t Need an Estate Plan? Think Again.</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Dealing With Creditors in Probate</title> <link>https://www.sedalawfirm.com/blog/dealing-with-creditors-in-probate/?utm_source=rss&utm_medium=rss&utm_campaign=dealing-with-creditors-in-probate</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Mon, 14 Apr 2025 13:10:42 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5639</guid> <description><![CDATA[<p>Dealing with creditors is a common part of the probate process. Even after a person has died, their debts need to be paid. Creditors do have legal rights. Ensuring those are addressed promptly after someone dies can help avoid potential legal issues down the road. However, it can be complex and challenging.  Whether you are […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/dealing-with-creditors-in-probate/">Dealing With Creditors in Probate</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>Dealing with creditors is a common part of the probate process. Even after a person has died, their debts need to be paid. Creditors do have legal rights. Ensuring those are addressed promptly after someone dies can help avoid potential legal issues down the road. However, it can be complex and challenging. </p> <p>Whether you are an executor, a beneficiary, or someone who is just curious about the process of managing creditors in probate we are here to help you understand the process. </p> <h2 class="wp-block-heading"><strong>Identifying and Notifying Creditors</strong></h2> <p>Creditors dealt with during probate are the individuals or institutions that are owed money by the deceased person’s estate. From credit card companies and medical providers to mortgage lenders, there are a variety of creditors to be aware of when dealing with probate.</p> <p>First, let’s talk about mortgages, since they are the most common debt to deal with. Unlike other debts, mortgages are public record. Because they are public record, a mortgage lender does not have to submit anything in order to receive what they are due. </p> <p>For other types of debt, it is up to the executor, or personal representative, to notify any known creditors of the probate proceedings. In order to find these debts, a person may need to go through the deceased’s financial documents or talk to family members or those close to the deceased to figure out what debts they have. </p> <p>Once identified, the creditors have to be notified of the probate process and given the opportunity to submit a claim. The court typically will set a time frame in which this must be done. If a creditor fails to file their claim in time then they are barred from collecting on the debt. </p> <p>“It’s critical for the personal representative to find and identify these creditors,” said <a href="https://www.sedalawfirm.com/attorneys/roberto-seda/" target="_blank" rel="noopener" title="">Roberto Seda</a>, an estate planning and probate attorney with Seda Law Firm, in Oklahoma City. “If they fail to notify a creditor that was known about, that liability actually comes back on the personal representative.”</p> <figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper"><iframe title="Dealing With Creditors in Probate" width="800" height="450" src="https://www.youtube.com/embed/9dnpB2mKtaQ?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div></figure> <h2 class="wp-block-heading"><strong>Personal Representative Role</strong></h2> <p>In probate, the personal representative is a person the appointed by the court. They are responsible for ensuring that all known creditors are identified — it’s a critical role as far as managing creditor claims. </p> <p>The personal representative is also responsible for reviewing claims that have been submitted and ensuring they are valid. If the claims are legitimate, they will be addressed according to the estate’s available assets. </p> <h2 class="wp-block-heading"><strong>What if the Estate is Insolvent?</strong></h2> <p>Occasionally, creditor claims may exceed the total value of the estate assets. This is called “insolvent.” It simply means the estate is out of money. </p> <p>If this happens, creditors will likely receive something, but it will not be the full amount owed. </p> <p>“They’re not going to get 100%, but they’ll get a share. It’s an interesting process, and it’s hard to tell people exactly how it’s going to go,” said Seda.</p> <h2 class="wp-block-heading"><strong>Challenges of Dealing With Creditors in Probate</strong></h2> <p>Dealing with creditors can be a difficult and unpredictable part of the probate process. Determining the validity of claims and the order in which creditors should be paid can be stressful, especially if unknown creditors are discovered. This can cause delays and complications that must be dealt with. </p> <p>Because of these challenges, having an attorney to help you through the process is necessary. Many people try to navigate probate on their own, only to have a judge recommend they hire an attorney. Hiring a qualified attorney can help reduce the stress and free up the time it would take you to deal with it on your own.</p> <p>If you are unsure how to handle creditor issues, our team would be happy to help. We have helped many Oklahoma families navigate the probate process. Call us at 405-759-0678 to discuss your situation and see how we can help.</p> <p></p><p>The post <a href="https://www.sedalawfirm.com/blog/dealing-with-creditors-in-probate/">Dealing With Creditors in Probate</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Why a Will Doesn’t Fully Protect Your Estate, in Oklahoma</title> <link>https://www.sedalawfirm.com/blog/why-a-will-doesnt-fully-protect-your-estate-in-oklahoma/?utm_source=rss&utm_medium=rss&utm_campaign=why-a-will-doesnt-fully-protect-your-estate-in-oklahoma</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Thu, 20 Mar 2025 14:02:26 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5579</guid> <description><![CDATA[<p>If you have created a will thinking it will make things easier for your family the unfortunate reality is — it won’t. Oklahoma law requires that a will go through probate to ensure its validity. It’s shocking to many of our clients at Seda Law Firm. We recently had a client who was in this situation. […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/why-a-will-doesnt-fully-protect-your-estate-in-oklahoma/">Why a Will Doesn’t Fully Protect Your Estate, in Oklahoma</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>If you have created a will thinking it will make things easier for your family the unfortunate reality is — it won’t. </p> <p>Oklahoma law requires that a will go through probate to ensure its validity. It’s shocking to many of our clients at Seda Law Firm.</p> <p>We recently had a client who was in this situation. She had created a will believing that after she passed her heirs could just take it to the courthouse, a judge would stamp it, and it would be done. She was surprised to learn that isn’t how it works, at least not in Oklahoma. </p> <p>In Oklahoma, the best way to help your heirs avoid probate is by creating a Revocable Living Trust. By creating a trust, you help them to avoid probate and ensure your assets go where you want them to, when you are gone. </p> <h2 class="wp-block-heading"><strong>What is Probate and Why Should You Care?</strong></h2> <p>Probate is a legal process that occurs after someone passes away. It involves validating the deceased person’s will (if one exists), paying off debts, and distributing assets. This process can be lengthy—sometimes taking months or even years—and it can come with significant legal fees.</p> <p>In Oklahoma, probate is still required, even if you have a will. And, if you don’t have a will, the state’s default laws determine how your assets are divided.</p> <p>Generally, the state has determined that a person’s assets are split between heirs. That split may be not the way you would have liked. If you want your assets divided differently than the state would decide then you <em>could</em> outline that in a will, knowing a judge will make the final decision.</p> <p>“A will must go through probate, which can be costly and time-consuming. A trust, on the other hand, avoids probate and keeps the transfer of your estate much simpler,” said Roberto Seda, with Seda Law Firm, an estate planning and probate practice in Oklahoma City.</p> <p>Let’s take a closer look at what a Revocable Living Trust is.</p> <h2 class="wp-block-heading"><strong>The Benefits of a Revocable Living Trust Over a Will</strong></h2> <figure class="wp-block-image alignright size-full is-resized"><a href="https://www.sedalawfirm.com/how-estate-planning-can-help-you-sleep-better-at-night/" target="_blank" rel=" noreferrer noopener"><img decoding="async" width="870" height="1246" src="https://www.sedalawfirm.com/wp-content/uploads/2025/02/Screen-Shot-2025-02-17-at-9.05.02-AM.png" alt="Front cover of How Estate Planning Can Help You Sleep Better At Night Ebook" class="wp-image-5501" style="width:186px;height:auto" srcset="https://www.sedalawfirm.com/wp-content/uploads/2025/02/Screen-Shot-2025-02-17-at-9.05.02-AM.png 870w, https://www.sedalawfirm.com/wp-content/uploads/2025/02/Screen-Shot-2025-02-17-at-9.05.02-AM-768x1100.png 768w" sizes="(max-width: 870px) 100vw, 870px" /></a></figure> <p>A Revocable Living Trust is one of the most popular estate planning tools. Often referred to as simply “a trust,” it serves as sort of an instruction manual detailing what happens to your belongings if you become incapacitated or pass away. </p> <p>If you have a Revocable Living Trust then your family would not have to go through probate court. That’s because the trust holds ownership over any property or accounts. Your successor trustee then manages the assets however you have outlined in the trust.</p> <p><a href="https://www.sedalawfirm.com/how-estate-planning-can-help-you-sleep-better-at-night/" target="_blank" rel="noopener" title=""><strong>DOWNLOAD OUR <em>FREE</em> GUIDE — HOW ESTATE PLANNING CAN HELP YOU SLEEP BETTER AT NIGHT</strong></a></p> <p>However, the <strong><em>most</em></strong> important part of setting up a trust is transferring your assets into it — homes, bank accounts, etc. When you pass away, those assets transfer based on the terms of the trust, without needing to go through probate. Those terms are set by the owner(s) of the trust.</p> <p>While there is an up-front cost to creating a trust, it can save your family significant time, stress, and money, in the long run.</p> <h2 class="wp-block-heading"><strong>Trusts Are More Difficult to Contest</strong></h2> <p>Another advantage of a trust is that it is much harder to contest than a will. </p> <p>A<em>nyone</em> can challenge a will in probate court. Those challenges sometimes lead to lengthy legal disputes that rack up costs. Trusts are more difficult to challenge, and people are generally less inclined to spend the money to contest them, making it a more secure option for passing on your estate.</p> <p>“With a will, someone can simply show up in court, raise their hand, and contest it,” Seda said. “But with a Revocable Living Trust, the process is more complicated and expensive, so challenges are less common.”</p> <h2 class="wp-block-heading"><strong>For Some, The State’s Option May Be The Best Option</strong></h2> <p>We believe, at Seda Law Firm, it’s our job to act as a fiduciary to our clients — meaning it’s our legal responsibility to guide you to what is in your best interest. If a potential client does not want to make the investment to put together a revocable living trust then a will may be their best option. There are also situations where we will tell clients that the state’s option may be their best option, even over a will. Each of these options is very dependent on an individual client’s situation. The best way to figure out what’s right for you is to talk to an experienced attorney.</p> <p>Different states have different laws. So, if you are not in Oklahoma you should check with an attorney in your state for more information on how you can ensure your assets go where you want them to after you die.</p> <p>If you are in Oklahoma, and want to ensure that your estate is properly planned, give us a call 405-759-0678. We would be happy to talk through options to help you determine what is best for you. </p><p>The post <a href="https://www.sedalawfirm.com/blog/why-a-will-doesnt-fully-protect-your-estate-in-oklahoma/">Why a Will Doesn’t Fully Protect Your Estate, in Oklahoma</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Choosing the Right Person to Carry Out Your Advanced Healthcare Directive: A Vital Decision for Your Health and Legacy</title> <link>https://www.sedalawfirm.com/blog/choosing-a-healthcare-proxy/?utm_source=rss&utm_medium=rss&utm_campaign=choosing-a-healthcare-proxy</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Tue, 18 Feb 2025 10:30:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5541</guid> <description><![CDATA[<p>Imagine being in a situation where you are unable to make your own healthcare decisions — an accident, medical emergency, or sudden illness leaving you unable to communicate. It’s not something anyone wants to think about, but it is the reason we should all have an Advanced Healthcare Directive. The Basics Having an Advanced Healthcare […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/choosing-a-healthcare-proxy/">Choosing the Right Person to Carry Out Your Advanced Healthcare Directive: A Vital Decision for Your Health and Legacy</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>Imagine being in a situation where you are unable to make your own healthcare decisions — an accident, medical emergency, or sudden illness leaving you unable to communicate. It’s not something anyone wants to think about, but it is the reason we should all have an Advanced Healthcare Directive. </p> <h2 class="wp-block-heading"><strong>The Basics</strong></h2> <p>Having an Advanced Healthcare Directive (AHD) document in place ensures your wishes are honored, should something happen. It’s your voice when you can’t speak for yourself. </p> <p>More specifically, an Advanced Healthcare Directive is a legal document that outlines your healthcare wishes and authorizes someone else (someone you choose) to make decisions about your healthcare, if you are unable to do so. This person is often referred to as a healthcare proxy.</p> <p>This individual will have the authority to ensure that your healthcare preferences are respected — whether it’s to withhold life-prolonging treatments or to follow other specific instructions you’ve outlined.</p> <p>But choose carefully, because choosing the wrong person to act as your healthcare proxy could have serious consequences when it matters most. </p> <figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper"><iframe title="Advanced Healthcare Directives- Who You Choose Matters" width="800" height="450" src="https://www.youtube.com/embed/mAu2Jj4J3so?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div></figure> <h2 class="wp-block-heading"><strong>Choose Carefully: A Real Life Nightmare</strong></h2> <p>Years ago, when Oklahoman Lynne Chelsey was diagnosed with a degenerative disease, she signed a document stating she did not want to be kept alive by artificial means, that’s according to<a href="https://www.wsj.com/personal-finance/she-signed-a-living-will-her-sister-didnt-honor-it-6ee34838" target="_blank" rel="noopener" title=""> an article in the Wall Street Journal</a>. </p> <p>However, as the article explains, Chelsey’s chosen healthcare proxy did not honor her wishes — it ignited a family fight that would eventually be settled by a judge. </p> <p>It took three years for the court battle to play out. Meanwhile, Chelsey was kept alive by a feeding tube. In 2024, the Oklahoma Supreme Court ruled and Chelsey’s wishes were honored. She died in August of 2024. </p> <p>As tragic as her story is, it outlines the importance of choosing the right person to be your healthcare proxy. It also shows the importance of discussing your wishes with your family. </p> <h2 class="wp-block-heading"><strong>How to Choose a Healthcare Proxy</strong></h2> <p>Here are some questions to consider when choosing a healthcare proxy. </p> <ol class="wp-block-list"><li><strong>Do I trust this person to honor my wishes, no matter the circumstances?</strong></li></ol> <p>Choosing a healthcare proxy means entrusting them with some of the most difficult decisions of your (and maybe their) life. Choose someone you can trust to respect your wishes, even if they’re faced with emotional pressure or conflicting opinions from other loved ones?</p> <ol start="2" class="wp-block-list"><li><strong>Is this someone I can talk to about what I want when it comes to life support and end-of-life care so they will fully understand my wishes? </strong></li></ol> <p>Clear communication is important! You want to choose someone who understands your values and beliefs, someone with whom you can speak openly and honestly about these decisions.</p> <ol start="3" class="wp-block-list"><li><strong>Do they have emotional strength to honor your wishes in a high-stakes, highly emotional situation? </strong></li></ol> <p>The role of a healthcare proxy is not just about making tough calls that honor your wishes — it’s about doing so with clarity and calmness. These decisions can be deeply emotional. Some people will struggle to carry through with hard decisions because they are so close and their own feelings will cloud their judgment. You want to choose someone who can manage this responsibility, even under stress, while navigating family dynamics, if there’s a disagreement. Sometimes the best choice is not the most obvious choice.</p> <ol start="4" class="wp-block-list"><li><strong>Are they nearby and available when I need them most? </strong></li></ol> <p>Logistics matter. Choosing someone who lives far away may delay important decisions in a medical emergency. Someone who lives close is likely going to be able to be present to make decisions promptly.</p> <h2 class="wp-block-heading"><strong>Do I Have To Choose A Family Member as my Healthcare Proxy?</strong></h2> <p>No, you don’t. There are many options to consider. </p> <p>First, you <em>could</em> choose a family member. A sibling, parent, cousin, etc. that you are close with is not always a bad idea. </p> <p>However, it’s important to consider that choosing a family member could lead to family conflict. </p> <p>As we saw in the earlier mentioned court case, disputes between loved ones regarding your care can lead to lengthy legal battles and undue emotional distress. </p> <p>If you do decide to use a family member, it may be worth sitting down with them and other family members to openly discuss your wishes. It could also help the person you choose to have peace knowing other family members were aware of your wishes.</p> <p>Another option would be to choose a friend or acquaintance whom you are comfortable discussing this type of topic with. Having someone who is not a family member could help to take the emotion out of the situation. </p> <p>A third option would be to choose an impartial, third party, such as a religious leader or an attorney. These options could be a good choice if you feel like the risk of conflict is high within your family. </p> <p>The key is to be thoughtful in your decision making to ensure that your wishes will be followed in the most peaceful way possible. </p> <h2 class="wp-block-heading"><strong>Ready to Get Your Advanced Healthcare Directive in Place?</strong></h2> <p>While it’s obviously not a decision to take lightly, it is one that is important to make — the sooner the better. </p> <p>Choosing a healthcare proxy now, while you are of sound mind to do so, can help you to go forward knowing that no matter what you have someone looking out for your best interests. </p> <p>At Seda Law Firm, <a href="https://www.sedalawfirm.com/contact-us/" target="_blank" rel="noopener" title="">our attorneys are here to answer any questions</a> you may and walk you though the process of getting your Advanced Healthcare Directive in place. </p> <p>Don’t leave your healthcare to chance—ensure your future is in good hands.</p> <p>Give us a call at 405-759-0678 to get started.</p> <p></p><p>The post <a href="https://www.sedalawfirm.com/blog/choosing-a-healthcare-proxy/">Choosing the Right Person to Carry Out Your Advanced Healthcare Directive: A Vital Decision for Your Health and Legacy</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>Don’t Leave Your Child’s Future to Chance — Estate Planning Basics All Parents Need To Know</title> <link>https://www.sedalawfirm.com/blog/estate-planning-basics-for-families/?utm_source=rss&utm_medium=rss&utm_campaign=estate-planning-basics-for-families</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Wed, 22 Jan 2025 12:50:53 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5445</guid> <description><![CDATA[<p>Life with young children is BUSY! Whether you are changing diapers and dealing with middle of the night feedings, chasing toddlers, shuffling everyone to school and extracurricular activities — like a never paid Uber driver — or helping with homework, the life of a parent can be exhausting and exhilarating. But what would happen if […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/estate-planning-basics-for-families/">Don’t Leave Your Child’s Future to Chance — Estate Planning Basics All Parents Need To Know</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>Life with young children is BUSY! Whether you are changing diapers and dealing with middle of the night feedings, chasing toddlers, shuffling everyone to school and extracurricular activities — like a never paid Uber driver — or helping with homework, the life of a parent can be exhausting and exhilarating. But what would happen if something were to happen to YOU? </p> <p>It’s a thought we all tend to avoid. However, not addressing it could leave your children’s future in limbo, if something were to happen. Knowing the <strong>Estate planning basics for young families</strong> is crucial to ensure your children are cared for, even if you’re no longer around to make decisions.</p> <p>So how do you prepare? What does that even look like? </p> <h2 class="wp-block-heading"><strong>Why Estate Planning is Crucial for Young Families in Oklahoma</strong></h2> <p>The best way to prepare for the unexpected is to establish an Estate Plan. This collection of documents outlines your wishes regarding your assets, healthcare, and — most importantly— your children’s future. </p> <div class="wp-block-media-text is-stacked-on-mobile" style="grid-template-columns:43% auto"><figure class="wp-block-media-text__media"><img loading="lazy" decoding="async" width="1280" height="854" src="https://www.sedalawfirm.com/wp-content/uploads/2025/01/Young-Family.jpg" alt="Young family Estate Planning Basics" class="wp-image-5446 size-full" srcset="https://www.sedalawfirm.com/wp-content/uploads/2025/01/Young-Family.jpg 1280w, https://www.sedalawfirm.com/wp-content/uploads/2025/01/Young-Family-768x512.jpg 768w" sizes="(max-width: 1280px) 100vw, 1280px" /></figure><div class="wp-block-media-text__content"><p>For young families, it’s about more than having a will; it’s about ensuring your children are taken care of by someone you trust, and ensuring their needs are met. </p> <p>Through a comprehensive estate plan, you can choose a guardian and even set up trusts for their education or care.</p> <p>“It is important for people to understand that their children do not have to inherit everything at 18,” said Roberto Seda, with Seda Law Firm, in Oklahoma City. “You can delay the timing of their inheritance so that they have matured and lived life a little. There are lots of options to ensure they have what they need from the trust, without receiving a large inheritance at a young age.”</p></div></div> <p>Contrary to popular belief, estate planning is not just for the elderly or wealthy. Some might argue that it’s even more important for parents of minor children. Having a plan ensures your family’s future is in your hands — not the court’s. </p> <p>Without a plan, your child’s guardianship and future could be decided by the court system, leaving you with no say. </p> <h2 class="wp-block-heading"><strong>How To Get Started With Estate Planning in Oklahoma</strong></h2> <p>Working with an experienced estate planning attorney is important. They will ensure that you have all the necessary documents. They will also be able to answer any questions you may have.</p> <p>When meeting with an attorney, you will want to have a list of your assets (homes, cars, bank accounts, etc.) and liabilities (loans, credit card debts). This will help in creating a clear picture of your estate and ensure nothing is overlooked.</p> <p>One of the most important decisions you’ll make is selecting a guardian for your children. Think carefully about who you trust to raise your kids if something were to happen to you.</p> <p>“When choosing a guardian, you want to identify a person that has similar values,” said Seda. “You want someone who will honor your wishes, even if you are gone,” said Seda.</p> <p>It’s also a good idea to choose a secondary guardian, in case your first choice is unable to take on the role.</p> <p>By preparing these details in advance, you’ll be in a stronger position to create a comprehensive plan that provides for your family’s future and ensures your wishes are carried out.</p> <h2 class="wp-block-heading"><strong>Peace of Mind Through Estate Planning</strong></h2> <p>Estate planning removes the uncertainty and legal complexities that could arise if you don’t plan ahead. It helps you feel confident that your family’s future is secure, allowing you to focus on the present — removing the lingering fears of “What If…”</p> <p>Creating an estate plan can help you to focus on the present, taking away the “What If” fears that may otherwise linger. </p> <p>Ready to take the first step toward that peace of mind? Start your estate planning journey today! Give Seda Law Firm a call at 405-759-0678 and ensure your family’s future is secure, no matter what the future holds.</p> <div class="wp-block-essential-blocks-button root-eb-button-lfel6"><div class="eb-parent-wrapper eb-parent-eb-button-lfel6 "><div class="eb-button-wrapper eb-button-alignment eb-button-lfel6"><div class="eb-button"><div class="eb-button-inner-wrapper "><a class="eb-button-anchor " href="https://www.sedalawfirm.com/contact-us/" rel="noopener">Get Started</a></div></div></div></div></div> <p></p><p>The post <a href="https://www.sedalawfirm.com/blog/estate-planning-basics-for-families/">Don’t Leave Your Child’s Future to Chance — Estate Planning Basics All Parents Need To Know</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>5 Advantages of a Comprehensive Estate Plan</title> <link>https://www.sedalawfirm.com/blog/5-advantages-of-a-comprehensive-estate-plan/?utm_source=rss&utm_medium=rss&utm_campaign=5-advantages-of-a-comprehensive-estate-plan</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Fri, 27 Dec 2024 13:51:56 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5408</guid> <description><![CDATA[<p>When it comes to establishing a Comprehensive Estate Plan, one of the most powerful tools at your disposal is a Revocable Living Trust. This flexible and effective estate planning tool does more than just protect your assets. A Revocable Living Trust helps you achieve peace of mind knowing your legacy will be handled according to […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/5-advantages-of-a-comprehensive-estate-plan/">5 Advantages of a Comprehensive Estate Plan</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<p>When it comes to establishing a Comprehensive Estate Plan, one of the most powerful tools at your disposal is a Revocable Living Trust. This flexible and effective estate planning tool does more than just protect your assets. A Revocable Living Trust helps you achieve peace of mind knowing your legacy will be handled according to <strong>your</strong> wishes. </p> <p>Whether you’re looking to avoid probate, protect your assets, or ensure privacy, a Revocable Living Trust offers multiple benefits for you and your loved ones.</p> <h2 class="wp-block-heading"><strong>Here are the 5 Advantages of establishing a Revocable Living Trust in Oklahoma:</strong></h2> <h3 class="wp-block-heading">1. Avoid Probate and Streamline Asset Distribution</h3> <p>One of the primary reasons many people in Oklahoma choose a Revocable Living Trust is to avoid probate. </p> <p>“In Oklahoma, if you don’t have an estate plan, or if you only have Will, your estate will have to go through probate,” said <a href="https://www.sedalawfirm.com/attorneys/roberto-seda/" target="_blank" rel="noopener" title="">Roberto Seda</a>, with Seda Law Firm, in Oklahoma City.</p> <p>Probate is the court-supervised process that occurs after someone passes away, during which their assets are distributed. This process can take months, even years, and it often involves significant legal fees. </p> <p>A Revocable Living Trust allows your assets to bypass probate entirely. Once you pass away, the designated trustee can immediately take control of your assets and distribute them according to your wishes — without court involvement. This not only saves time and money, but can minimize the stress your loved ones may experience during an already difficult time.</p> <h3 class="wp-block-heading">2. Plan for Incapacity and Protect Your Future</h3> <p>One of the major benefits of a Comprehensive Estate Plan is that it includes financial and medical powers of attorney. This helps ensure your financial and healthcare decisions are handled according to your wishes, if you ever become incapacitated.</p> <p>In Oklahoma, if you don’t have an estate plan in place and you become mentally or physically unable to manage your affairs, a court may appoint a guardian or conservator to make decisions for you. This can be time-consuming, costly, and emotionally draining for your loved ones.</p> <p>With a Revocable Living Trust, you can name a successor trustee who will step in to manage your assets and financial matters if you become incapacitated. You can also designate someone to make healthcare decisions on your behalf, through a healthcare power of attorney or living will. These documents are often done alongside a trust. </p> <p>This proactive planning ensures someone you trust is maintaining control over your affairs without the need for court intervention, should it become necessary.</p> <h3 class="wp-block-heading">3. Preserve Family Harmony and Avoid Disputes</h3> <p>Estate disputes can quickly tear families apart. Without a clear estate plan, disagreements between heirs over asset distribution or care decisions can lead to conflict. </p> <p>“Through probate court, I’ve seen a lot of fighting. Unfortunately, death just does something to people and arguments break out,” said Seda. “If you put a plan in place your heirs will have to follow your wishes and honor that. And I would hope that they would honor that.”</p> <p>A Revocable Living Trust provides a clear and legally binding roadmap for your estate, which helps reduce misunderstandings and disputes.</p> <p>With a trust, you have the ability to name a successor trustee — someone you trust to carry out your wishes. This can help avoid the potential for disagreements, especially if there are concerns about a will being contested. Establishing a living trust can help preserve family harmony and ensure your estate is managed according to your wishes.</p> <h3 class="wp-block-heading">4. Maintain Full Control of Your Assets</h3> <p>Another major benefit of a Revocable Living Trust is that YOU retain full control over your assets during your lifetime. You can amend or revoke the trust at any time. And, as the trustee, you can manage your assets as you see fit. </p> <p>This flexibility allows you to continue managing your investments, property, and other assets while ensuring your estate’s future is planned for. Only after your passing will the successor trustee take over, distributing your assets, according to your instructions. This gives you confidence that you can make changes during your lifetime, without losing control over your assets.</p> <h3 class="wp-block-heading">5. Ensure Privacy and Confidentiality</h3> <p>Unlike a will, which becomes a public record once it’s filed for probate, a Revocable Living Trust will remain private. This means that your estate’s details, including the distribution of assets and the value of your estate, will not made public. In Oklahoma — where probate proceedings can often take months — the privacy provided by a trust can offer significant peace of mind.</p> <p>By keeping your estate private, you prevent unnecessary scrutiny of your personal and financial affairs. This privacy is a key advantage for many people who prefer to keep their financial matters out of the public eye.</p> <p>Establishing a Comprehensive Estate Plan is a proactive step toward securing your assets and ensuring your wishes are respected. It not only helps streamline asset distribution but also offers protections for your family and legacy. </p> <p>At Seda Law Firm, we specialize in helping Oklahomans create tailored estate plans that fit their unique needs and goals.</p> <p>If you’re considering planning for your estate, or if you would like to learn more about how it can benefit you and your loved ones, contact us today. We are here to guide you through the process.</p><p>The post <a href="https://www.sedalawfirm.com/blog/5-advantages-of-a-comprehensive-estate-plan/">5 Advantages of a Comprehensive Estate Plan</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> <item> <title>The Gift of Clarity For Those You Love</title> <link>https://www.sedalawfirm.com/blog/the-gift-of-estate-planning-clarity-for-those-you-love/?utm_source=rss&utm_medium=rss&utm_campaign=the-gift-of-estate-planning-clarity-for-those-you-love</link> <dc:creator><![CDATA[WebAdminSLFirm]]></dc:creator> <pubDate>Tue, 19 Nov 2024 08:30:00 +0000</pubDate> <category><![CDATA[Estate Planning]]></category> <guid isPermaLink="false">https://www.sedalawfirm.com/?p=5354</guid> <description><![CDATA[<p>Discussing your estate planning with family this holiday season ‘Tis the season for family gatherings, shared memories and meaningful conversations.  Amidst the joy of the holiday season can come the most opportune moments to discuss important topics — like estate planning! While it may feel awkward or even uncomfortable, discussing estate planning with your family […]</p><p>The post <a href="https://www.sedalawfirm.com/blog/the-gift-of-estate-planning-clarity-for-those-you-love/">The Gift of Clarity For Those You Love</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></description> <content:encoded><![CDATA[<h2 class="wp-block-heading"><strong>Discussing your estate planning with family this holiday season</strong></h2> <p>‘Tis the season for family gatherings, shared memories and meaningful conversations. </p> <p>Amidst the joy of the holiday season can come the most opportune moments to discuss important topics — like estate planning! While it may feel awkward or even uncomfortable, discussing estate planning with your family members can bring understanding and clarity for everyone. </p> <p>“As a probate attorney, I have seen how not having a plan can tear families apart,” said <a href="https://www.sedalawfirm.com/attorneys/roberto-seda/" target="_blank" rel="noopener" title="">Roberto Seda</a>, with Seda Law Firm, in Oklahoma City. </p> <p>“The conflict that can result from not having anything in place can be costly and could take a long time to get settled.” </p> <p>Whether you are a senior who has been planning for the future of your estate, or a member of a younger generation worrying about what could happen when your parent or grandparent passes, we have tips to help you navigate these conversations this holiday season. </p> <h3 class="wp-block-heading"><strong>Why Talk About Estate Planning</strong></h3> <p>“It is certainly an uncomfortable conversation to have because no one wants to think about death and dividing up what a person leaves behind,” said Jennifer Atchley, with <a href="https://www.cardinalbay.org/senior-living/ok/oklahoma-city/village-on-the-park-oklahoma-city/" target="_blank" rel="noopener" title="">Village on the Park Senior Living Community</a>, in Oklahoma City. “But avoiding these conversations will likely be worse in the end.”</p> <p>Here are three reasons to start the conversation: </p> <ol class="wp-block-list"><li><strong>Convenience:</strong> The holidays bring families together, making it easier to have conversations in person and giving everyone an opportunity to be a part of the discussion.</li> <li><strong>Strengthening Relationships:</strong> Open discussions about estate planning can help prevent some members of the family from feeling excluded. Having these conversations while everyone is together can enhance trust and communication by allowing everyone to feel included in the process.</li> <li><strong>Avoiding Future Confusion and/or Conflict:</strong> Talking about the plan for your assets or those of a loved one can help to prevent misunderstandings or conflicts after a loved one’s passing. It gives everyone a chance to absorb the information, which can be easier now than in the hard moments of grief that come after someone dies.</li></ol> <h3 class="wp-block-heading"><strong>How to Approach Conversations about Estate Planning</strong></h3> <p>Working with seniors every day has given Atchley a good perspective on what works when it comes to these conversations. She says to remind everyone these are conversations rooted in love. Doing so can help calm anxieties that some may have.</p> <figure class="wp-block-image alignright size-full is-resized"><img loading="lazy" decoding="async" width="940" height="650" src="https://www.sedalawfirm.com/wp-content/uploads/2024/11/Untitled-design-2.png" alt="How to have conversations about estate planning with your family." class="wp-image-5368" style="width:376px;height:auto" srcset="https://www.sedalawfirm.com/wp-content/uploads/2024/11/Untitled-design-2.png 940w, https://www.sedalawfirm.com/wp-content/uploads/2024/11/Untitled-design-2-768x531.png 768w" sizes="(max-width: 940px) 100vw, 940px" /></figure> <p>“When you remember that and approach every question and comment from that perspective it can help because we have no way of really knowing when our last opportunity will be to ask questions and understand their wishes,” Atchley said.</p> <p>Some tips for approaching the conversation are:</p> <ol class="wp-block-list"><li> <strong>Give Everyone a Heads Up:</strong> It can be helpful to let people know ahead of time that you want to have this conversation. A brief mention of it before everyone arrives can help family members to mentally prepare for the conversation. </li></ol> <p></p> <p>“Have them think about what’s important to them and why,” Atchley said. “Acknowledge the fact that these are hard conversations that no one wants to have but it is important to make sure everyone is on the same page and understands the wishes of their loved ones.”</p> <ol class="wp-block-list" start="2"> <li><strong>Choose the Right Time and Place:</strong> Avoid starting the conversation during stressful moments, like meal prep or right before gift exchanges. Find a space where everyone feels relaxed — maybe a dining room table or a living room, while younger family members play elsewhere. </li> <li><strong>Listen Actively:</strong> Encourage family members to share their thoughts and concerns. Listening to their perspectives can create a more collaborative atmosphere and make them feel valued. Prepare yourself to stay calm. If you know someone is likely to get upset, try to not argue with them. You can ensure you have heard their concerns and then move ahead.</li> </ol> <p></p> <p>“When family members know and understand why certain items are important to each other and the memories they have attached to them, they may be more willing to let things go and give them up for others, eliminating arguments over ‘stuff’ when the time comes,” Atchely said.</p> <ol class="wp-block-list" start="4"> <li><strong>Discuss Key Elements:</strong> <ul class="wp-block-list"> <li>Who your beneficiaries are</li> <li>The role of executors or trustees</li> <li>Any specific wishes regarding your assets</li> <li>Plans for healthcare directives</li> </ul> </li> <li><strong>Address Questions and Concerns:</strong> Be prepared for questions, and offer clarity where needed. If there are any sensitive topics, approach them with empathy and understanding. While family members may not change your mind, ensuring they feel heard can help to de-escalate any conflict that arises.</li> <li><strong>Be Flexible:</strong> While you may have a plan for the conversation something may come up that shifts it. If it seems helpful then go with it. However, if it seems to be going in a negative direction, then be willing to gently and lovingly realign the conversation or even offer to take a break to give everyone a little time to calm down.</li> </ol> <p></p> <p>“Many times, the conversation goes better than everyone expects,” Atchley said. </p> <p>Emphasizing that it’s coming from a place of love and care for your family members can hopefully build trust and connection. </p> <p>“Having these types of conversations can actually lead to the mending of broken relationships,” said Seda. “If people have an understanding of why others feel a certain way or why things are being done a certain way, it could help them to feel more comfortable with certain decisions.”</p> <p>However, if it does become complex or emotional, consider involving an estate planning attorney, a financial advisor, or a family counselor to provide professional insights.</p> <h3 class="wp-block-heading"><strong>What if there is no plan?</strong></h3> <p>If you find out that your parent or grandparent doesn’t have an estate plan, these conversations can help encourage them to do so — ensuring that their future is planned for, not just financially, but medically, as well. </p> <p>“Having hard conversations now while they are with you is a lot easier than trying to navigate the same hard conversations when they are gone — especially because at that point, grief is added to the equation,” said Atchley.</p> <p>The goal is for these discussions to bring peace of mind to family members, and knowledge of what to do when the time comes..</p> <p>Do you or your loved one need an estate plan? Our team at Seda Law Firm would love to help get a plan in place. Give us a call at 405-759-0678.</p><p>The post <a href="https://www.sedalawfirm.com/blog/the-gift-of-estate-planning-clarity-for-those-you-love/">The Gift of Clarity For Those You Love</a> first appeared on <a href="https://www.sedalawfirm.com">Seda Law Firm</a>.</p>]]></content:encoded> </item> </channel></rss> If you would like to create a banner that links to this page (i.e. this validation result), do the following:
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