Vol. 4 No. 48 | Nov. 27, 2024
Courts
No published opinions this week.
No published opinions this week.
- 2024 OK CIV APP 26: GRAHAM v. REYNOLDS
Dispositions Other than by Published Opinions
The Supreme Court of Oklahoma Court Calendar
The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The court regularly schedules conferences on Mondays and other days as needed.
Member Transitions
More
Oklahoma Bar Center Closed for Thanksgiving Holiday
The Oklahoma Bar Center will be closed Thursday, Nov. 28, through Friday, Nov. 29, in observance of the Thanksgiving holiday.
Beginning at 9 a.m. Friday, Nov. 29, through 5 p.m. Monday, Dec. 2, you can save big on OBA CLE programs. This is a great opportunity for anyone who needs last-minute CLE for the year! Two bundles will be offered at only $149.99 per bundle:
BACK TO BASICS BUNDLE (MCLE: 5 general, 1 ethics)
- Filing Your First (or Next) Expungement
- Fines, Fees and Due Process: An Update for Defendants' Rights Under HB 2259
- The Checklist Lawyer: Serving Your Clients More Efficiently
- Trust Accounting Essentials
GRAB BAG BUNDLE (MCLE: 5 general, 1 ethics)
- Electronic Filing in District Court
- Fiesta Friday: Basics in Trademarks
- Overview of a Business Sale Transaction
- Privacy and Tools for the Non-Tech Lawyer
Note: Bundles cannot be split, and sessions cannot be substituted.
"This article is an overview of the basic Oklahoma law regarding pretermitted heirs. It hopefully will provide the practitioner with the current relevant statutes and recent case law governing the omission of an heir from a will.
What is a pretermitted heir? A pretermitted heir is any child or descendant who has been omitted by a testator’s will but is still entitled to a share of the testator’s estate. This omission can occur either at the execution of the will or because the pretermitted child was not born before the will’s execution. Where it has been found that an heir has been omitted unintentionally, that heir is granted rights to an intestate share of the testator’s estate by statute under 84 O.S. §132. It should be noted that Oklahoma courts have ruled that §132 can only be applied to wills, not to trusts."
"A client has come to you because a family member, a resident of Oklahoma, has recently passed away owning real or personal property in Oklahoma that will require a probate proceeding to change ownership. What do you file, and when do you file it? To answer those questions, the following is a basic framework of a regular probate proceeding ('regular' meaning not an ancillary probate or special or summary administration), assuming the estate is solvent and there are no contests or other litigation involved."
"Recently, the Oklahoma Bar Journal highlighted 'Women in Law.' I wish to remember Priscilla Wooten Utterback, who was a very prominent woman in the legal profession in early southern Oklahoma.
Priscilla Wooten Utterback was born Dec. 10, 1902, in Holly Springs, Mississippi; she was the daughter of William Elbert Utterback and Valerie Burton Utterback. Her parents brought her to Durant when she was 6 years old, and she lived in Durant all of her life. She graduated from the then-Southeastern Oklahoma State Teachers College in Durant in 1924 and was named a distinguished alumna."
DUES ARE DUE | Member dues statements are available online. In an effort to save money and cut down on the cost of printing and postage, the OBA Membership Department has posted member dues statements online in MyOKBar. As a follow-up, a paper statement will be mailed around the first of December to members who have not yet paid. Please help the OBA in this effort by paying your dues today! Members can pay their dues by credit card online at MyOKBar or by mailing a check to the OBA Dues Lockbox, P.O. Box 960101, Oklahoma City, OK 73196. Dues are due Thursday, Jan. 2, 2025.
MCLE DEADLINE APPROACHING | Dec. 31 is the deadline to earn any remaining CLE credit for 2024 without having to pay a late fee. The deadline to report your 2024 credit has been extended to Feb. 18 due to the Presidents Day holiday weekend. As a reminder, the annual ethics requirement is now two credits per year. The 12 total annual credit requirement did not change. Not sure how much credit you still need? To access your MCLE information, log in to MyOKBar and click "MyMCLE." Still need credit? Check out great CLE offerings at ok.webcredenza.com. If you have questions about your credit, email mcle@okbar.org.
Featured CLE
By OBA MAP Director Jim Calloway
As the holiday celebration (and scamming) season begins, we need to be concerned about our data security, but we should also be concerned about our privacy. You may be one of those who say they are not worried about data privacy because “I have nothing to hide.” But today, we all understand we have much significant information we must keep secure, such as banking and financial records.
For lawyers, it is even more critical to have excellent personal data security practices because breaches of any of our digital devices or processes could result in leaks of confidential client communications.
"Recalling Privacy" by our colleague Catherine Sanders Reach, director of the North Carolina Bar Association Center for Practice Management, covers several areas where you can improve your privacy data protection and notes several tools and services that can assist you.
The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2024 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, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. Advertisers are solely responsible for the content of their ads, and the OBA reserves the right to edit or reject any advertising copy for any reason. Legal articles carried in The Oklahoma Bar Journal are selected by the Board of Editors. Information about submissions can be found at www.okbar.org.