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Many clients have asked me: Should I have a will? The answer: Yes! If you have a will, you can choose who will inherit your property when you die. If you die without a will, you are said to have died intestate. If you die intestate, and you are a resident of Oklahoma, then, there is a state law (available here) that decides who will inherit your property. This law, called the “intestacy law”,…
An adoption can be one of the few types of legal cases that is joyous for the parties involved. Many clients have asked me: What is involved in an adoption? This post will give a brief overview of the legal steps a parent must take to adopt a child in Oklahoma. The following persons may adopt a child: A married couple, if both spouses are over 21; A stepparent of the child to be adopted;…
Many people are admitted to the U.S. to work in “specialty occupations.” You may be wondering if you qualify. For you to be admitted to the U.S. to work in a “specialty occupation,” your prospective employer must file a “Labor Condition Application” with the U.S. Department of Labor. The Department of Labor must then determine that the job for which your employer wants to hire you, is a “specialty occupation.” To qualify as…
If you have been evicted, or are being threatened with eviction, you have certain rights under Oklahoma state and federal law. This post will discuss what your rights are, and what you can do to contest your eviction. Your landlord must give you notice, in writing, before he can evict you. Your landlord must give you 30 days notice to terminate, in writing, if your tenancy is a “tenancy at will.” “Tenancy at will” means…
You want to end your marriage, and you are wondering: Can I get an annulment instead of a divorce? This post will discuss how to get an annulment in Oklahoma. First, here is the difference between a divorce and an annulment: · A divorce is the legal termination of a valid marriage. · An annulment is a decision, where a judge rules that a marriage is invalid, because of a defect existing at the inception…
You’ve written a book, a poem, a song, or painted a picture, and you wonder: Should I have my work copyrighted? Or perhaps you use a trade name or symbol in your business, and you wonder: Should I have the name or symbol trademarked? First, let’s define our terms here: There are three types of intellectual property protection under U.S. law: patents, copyrights, and trademarks. A patent is the exclusive right to use a new…
Your apartment is defective, and your landlord isn’t doing anything to fix it. What can you do? There are certain things that a landlord is required, by law, to do. The Oklahoma Residential Landlord and Tenant Act (ORLTA) says that a landlord must do the following: A. A landlord shall at all times during the tenancy: 1. Except in the case of a single-family residence, keep all common areas of his building, grounds, facilities and…
Perhaps you work for a corporation, that is considering using valet parking. Or perhaps you or your property has been injured by a valet’s driving. In each case, you may wonder: Can the valet (or his employer) be sued? Under certain circumstances, a parking valet and his employer can be sued. Valet liability falls under the law of bailment. Bailment occurs when one person gives property to another to keep, for the benefit of the…
Many non-citizens wonder if they can apply for asylum in the U.S. What follow is a brief overview of the asylum process. For a more extended discussion of applying for asylum, consult an attorney. Can you apply for asylum? Any non-citizen may apply for asylum. You may apply for asylum even if you are not legally present in the U.S. You may apply for asylum if, you cannot return to your county of nationality because…
You’ve had an auto accident, or been stopped by the police, or been arrested, or you’ve received a ticket. You may be wondering: will this be on my driving record? Will this affect my driver’s license? There are certain crimes, where, if you are convicted, your driver’s license will be suspended. There are also other traffic violations, where, if you are convicted, your driver’s license won’t be suspended, but, you will get points on your…