Our Legal Services
Our goal here is to put our clients’ minds at ease when they approach us with these questions. Clients are advised not to determine whether they need a trust or a will, they are advised to bring the questions, bring whatever they are concerned about, and we will fit the right tool to address each concern.
To do business in the State of Oklahoma, your company is required to be incorporated or organized within the State. What that means is to legally form your business within the State, your business will have to be chartered as either a corporation or a limited liability company. Several people believe all this entails is merely filing some papers with the Oklahoma Secretary of State. There is more to this…a whole lot more. Other than the required State filings, there needs to be a blueprint of how the business will need to be ran. There needs to be an agreed memorialization as to how the owner or owners of the business vest their interests of the business. There needs to be a directive on who runs the business and what authority they have. There needs to be a written plan as to what will have to happen in the case of the death of the owner or the death of the operator, those of who are not always the same person.
Opening the doors and getting organized with the State is just the beginning. Doing business is the meat of the operation. With it comes contracts with customers, vendors, associates, partners, banks, and so on. Attorney Will gained experience in these areas as a commercial banker, and prior to law school, he earned his Master of Business Administration degree. These credentials gave Attorney Will the real-world-experience in which he can relate with his business clients.
For over thirteen years, Attorney Will has assisted business owners across the state in forming their new business, organized their current business, assisted business owners with contract negotiations, as well as counseled families in administering the estate of their loved one who was both the business owner and operator. In addition, Attorney Will has represented and counseled clients with business buy-outs as well as mergers and acquisitions. Attorney Will’s business clients range from medical professionals, legal professionals, contractors, rental property owners, farmers and ranchers, oil and gas professionals, bankers, mom-and-pop store owners, and the list goes on.
Administering, or in other words managing, a trust is like taking on management of a business. You have to determine what property is in the trust. You have to pay taxes and other expenses on the property held by the trust. You have to account for all funds coming in and going out. Oh, and as for beneficiaries of the trust, the people who you are accountable to, they are wanting their distributions. Along with the overwhelming responsibility comes great risk of liability.
Proper legal representation and counsel is key in mitigating trustee liability. In his thirteen plus years of practice, Attorney Will has worked with clients who were appointed as trustees guiding them through the murky waters of trust administration. From assisting with determining the inventory of the trust assets, to accounting income and expenses, to negotiating a final settlement and distribution to the beneficiaries, Attorney Will is with the trustee every step of the way.
Attorney Will has represented both trustees and beneficiaries in trust litigation throughout the course of his practice. Often times he attempts to settle the matter prior to either party filing a petition with the district court. However, if the matter becomes a court action, he works diligently to resolve the matter striving for the best possible outcome for his client.
Often times when loved ones pass away, they still own property in their respective estates. Many times this property is land, a house, minerals, banking accounts, etc. If there was no appropriate planning strategy in place before the respective loved one’s death, their property will have to be administered by the district court. This is commonly known as “probate.”
As mentioned above, probate will be required to occur in the event there were no appropriate planning tools in play such as assets being funded to a revocable or irrevocable trust, property be titled in joint tenancy, or there be a payable or transfer on death designated. A common misconception is that if the loved one left behind a last will and testament then their property does not have to go through probate. This is incorrect. The will only designates who the property goes to and if there are any heirs excluded from receiving property.
Probate is a state law procedure administered under the supervision of the district court. A petition will have to be filed, inventory and accounting of the estate will have to be prepared, filed and delivered to the judge, the appointed personal representative will have to appear at court hearings. The laws and rules of probate procedure is very comprehensive and it takes an experienced attorney to guide one through the muck for an efficient result.
Attorney Will has over a decade of experience in practicing probate law. He is astute to not only routine administration of property through probate or estate administration, but he is well versed in litigious conflicts that may arise.
Attorney Will has represented clients for over a decade with petitioning the Court for appointment as guardian as well as counseled clients as to their fiduciary duties as guardians throughout the guardianship proceeding. Many people “attempt to go at it alone,” but there are many nuances and variables within the law often over looked by the non-lawyer. Let Attorney Will assist you and your family throughout the often-time unsettling path of guardianship proceedings.
Bryon J. Will
Bryon Will is the founder and manager of Will Law Firm. Although he offices in Midwest City, he is licensed to practice in all seventy-seven counties in Oklahoma, allowing him to represent and counsel clients within the four corners of the State. Additionally, Mr. Will is licensed in the State of Texas allowing him to counsel and represent Oklahomans with their matters across the Red River. Mr. Will primarily practices in the areas of estate planning, business planning and transactions, trust administration, trustee and fiduciary claims litigation, probate and estate administration, and guardianship.
Mr. Will works with clients of all kinds of backgrounds. Whether they are a family in the city, farmers and ranchers in rural Oklahoma, a large or small business, or they are the local physician, his experience through the years allows him to customize his services to the client and their particular needs.
Raised on a dairy farm outside of Morrison, OK, Mr. Will is no stranger to hard work and integrity. He has instilled these life lessons in his work for his clients with proven results. Mr.Will has been practicing law since 2008 and continues to maintain the trust of his clients, not only by clients pleased with his services rendered, but also by their continuous referrals of their family and friends to him.
Mr. Will graduated from Oklahoma State University with a bachelor’s degree and began his career in the animal health industry and then later worked in commercial agriculture lending for Bank of Oklahoma. Later he earned his M.B.A. degree at the University of Central Oklahoma and then his J.D. degree at Oklahoma City University School of Law. During law school, Mr.Will earned his Oklahoma Legal Intern’s License and worked for the Oklahoma County District Attorney’s Office and then for local attorneys until graduation and ultimately passing the bar exam and attaining his license.
Bryon and his family reside in Yukon, OK. His wife, a school teacher, is a native of Ninnakah, OK. Their oldest son is in college and the youngest in elementary school. As a family, they spend summer time at multiple lakes across Oklahoma. If they’re not at the lake, you can find Bryon and his youngest son either at the golf course or hunting in the woods.
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