McCann Law · Tulsa, Oklahoma
Estate Planning FAQs
Answers to the Questions Tulsa Families Ask Most Often
General Questions
Estate Planning Basics
What is estate planning?
Estate planning is the process of deciding how your property, healthcare, and final wishes will be handled if you become incapacitated or when you die. It involves a will or trust, power of attorney documents, and advance healthcare directives. The goal is to protect your family and make sure your wishes are honored.
Do I really need an estate plan if my estate is small?
Yes. Anyone who owns property, has children, or wants to choose who makes healthcare decisions benefits from an estate plan. Even a simple will and power of attorney can prevent enormous headaches for your family.
When should I create an estate plan?
Now. Most people wait until a major life event — marriage, a child, a serious illness — but the best time is before any of those things happen. We never know when we will need these documents.
How often should I update my estate plan?
Review your plan whenever something significant changes: marriage, divorce, birth, death, major asset changes. A general review every few years is a good habit.
Wills & Trusts
Wills & Trust Questions
What happens if I die without a will in Oklahoma?
Your estate passes under Oklahoma intestacy laws (84 Okla. Stat. § 213), which distributes assets based on blood relationships. An estranged relative could inherit ahead of the people you love. A court — not you — decides who raises your children.
Does a living trust replace a will?
No — a living trust dramatically simplifies your will, but most trust-based plans include a pour-over will as a safety net for any assets not in the trust at death. Both documents work together.
Do I lose control of my assets if I put them in a trust?
Not with a revocable living trust. You are typically the trustee of your own trust during your lifetime — you retain complete control and can buy, sell, or transfer assets just as you always have.
Does a trust avoid probate?
Yes — assets held in a properly funded trust pass to beneficiaries without going through probate. This saves time, money, and keeps your family finances private.
Probate & Power of Attorney
Probate & POA Questions
How long does probate take in Oklahoma?
Probate typically takes six months to a year for straightforward estates, and longer for complex ones. Estates with disputes, real property in multiple states, or unclear assets can take significantly longer.
Can probate be avoided?
Yes. Common strategies include establishing a living trust, using transfer-on-death designations, naming beneficiaries on accounts, and jointly owning property with right of survivorship.
What is the difference between a durable and a regular power of attorney?
A regular POA becomes invalid if you become mentally incapacitated — exactly when you need it most. A durable power of attorney remains in effect through incapacity. McCann Law recommends durable POAs for all clients.
Should everyone have a DNR?
Not necessarily. A DNR instructs healthcare providers not to perform CPR if your heart stops. It is appropriate in certain circumstances — particularly for elderly patients with terminal conditions — but not for most people.
Still Have Questions?
Call Michael McCann directly at (918) 565-0070 — your first conversation is free.