Joyce & Graddy, PLLC FindLaw IM Template 2026-07-15T12:40:49Z https://www.joycegraddy.com/feed/atom/ WordPress /wp-content/uploads/sites/1201949/2022/04/cropped-site-icon-32x32.png On Behalf of Joyce & Graddy, PLLC <![CDATA[Can you change a will without telling the executor?]]> https://www.joycegraddy.com/?p=56167 2026-07-15T12:40:49Z 2026-07-15T12:40:49Z An executor generally does not need advance notice Your executor generally does not gain legal authority simply because you named them in your will. Their role usually begins only after your death and after the probate process formally recognizes the appointment. Because of that, you can usually revise your will without informing the executor beforehand. In Oklahoma, as in other states, you can make those changes by signing a new will or by preparing a codicil, which is a written document that modifies specific parts of an existing will. A codicil generally must follow the execution requirements that apply to the will it modifies. Those formalities are important because they help show that the document reflects your true wishes. Common execution requirements include:
  • It must be in writing.
  • It must be signed while the person making it has testamentary capacity.
  • It must reflect the person's free and voluntary decision.
  • It must be signed or acknowledged before two witnesses, who must also sign in the person's presence.
Following those requirements reduces the risk of future disputes during probate.

Why careful updates remain important

Changes involving family relationships or property can affect whether your will still reflects your intentions. For example, selling property, adding a beneficiary or completing a divorce may justify reviewing the will for outdated or conflicting terms. Those changes must also follow the legal formalities required to make them effective. Legal requirements apply to every valid amendment. Professional legal guidance can assess whether a codicil or new will provides a clearer approach and may reduce the risk of conflicting terms during probate.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Can a pet-sitter hold a pet owner liable for a dog bite?]]> https://www.joycegraddy.com/?p=56162 2026-07-03T13:06:47Z 2026-07-03T13:06:47Z Pet-sitting can turn into a nightmare if the dog bites you, causing enormous pain and losses. After getting treated, one of the first questions that might come to mind is, will you be able to sue the pet owner? The answer depends on the circumstances and the legal basis for the claim. 

What does Oklahoma law say?

Oklahoma dog bite laws are very strict and hold a pet owner liable for any harm their dog may cause to others without provocation. Furthermore, the one-bite law is not applicable in Oklahoma. However, as witnessed in the case of Hampton v. Hammons (1998), the court may sometimes consider the pet-sitter as the “owner” or “harborer” of the dog, barring you from recovering any damages under Oklahoma’s dog bite statute. Nevertheless, you may still have grounds to make a personal injury claim under the common law. 

Will common law support your claim?

You may be able to sue the pet owner under common law. To make a successful personal injury claim, you generally must prove that:
  • The original owner knew or had reason to know that the dog had vicious propensities or a history of aggression.
  • They failed to give you a clear warning about the risks involved in pet-sitting their dog. 
The court considers evidence such as previous bite history, complaints from neighbors and specific training for aggression to prove the owner knew the animal posed a dangerous risk.

Evaluating a potential claim

Because these cases hinge heavily on proving prior knowledge and looking into the intricate local ordinances, consulting an experienced Oklahoma personal injury attorney is vital to protecting your rights and securing the compensation you deserve. ]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[3 important terms to include in a buy-sell agreement]]> https://www.joycegraddy.com/?p=56161 2026-06-30T00:24:23Z 2026-06-30T00:24:23Z 1. Acceptable triggering events Partners often include limitations on the use of a buy-sell agreement. They may insist that a specific event occur before either partner has the ability to acquire the other's interest in the company. Outlining when a transaction is possible is important for the maintenance of the working relationship.

2. Valuation methods

There are numerous different ways of determining what a company is worth. An appropriate business valuation is a key element of any successful buy-sell agreement. Agreeing on the specific way that partners may calculate the company's worth is important for a smooth transition.

3. Limitations on competition

Agreeing that neither partner should directly compete, solicit the company's workers or disclose private information can protect the business when one partner buys out the other. Restrictive covenants are often important when people have access to operational details. Noncompete, nonsolicitation and nondisclosure agreements are common inclusions in buy-sell agreements, as partners have information and relationships that could harm the business they form together. Negotiating appropriate partnership agreements is often crucial for the long-term success of a working relationship and the company that partners form. A business law attorney can help create a contract that adequately addresses significant concerns accordingly.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Can you sue over a handshake business deal?]]> https://www.joycegraddy.com/?p=56160 2026-06-23T08:56:31Z 2026-06-23T08:56:31Z A handshake deal can feel perfectly clear when both sides want the business to move forward. The trouble often starts later, when payment is late, delivery changes or one side remembers the terms differently. For Tulsa business owners, the real question is not whether the agreement felt informal. It is whether there is enough proof to show that both sides made an enforceable deal.

Oral contracts can still count

Oklahoma law recognizes that some contracts may be oral unless a statute requires writing. That means a business owner may still have a claim even without a signed contract, especially when both sides agreed on the basic terms and started performing. A dispute over price, timing, services or delivery may become a contract dispute if one side can prove what the agreement required and how the other side failed to follow it.

Proof becomes the hard part

The harder issue is evidence. A handshake does not create a paper trail by itself, so the surrounding facts matter. Text messages, emails, invoices, estimates and payment records can help show what each side understood. So can partial performance, witness statements, purchase orders or repeated business practices between the same companies. The more specific the proof, the easier it becomes to show that the parties agreed on essential terms rather than discussed a possible deal.

Some agreements need writing

Oklahoma generally allows many business contracts to be oral, but important exceptions apply. A statute of frauds requires certain agreements to have written proof before a court will enforce them. These commonly include agreements involving real estate, promises to answer for another person’s debt and contracts that cannot be performed within one year. Sales of goods can have their own writing rules. Under the Uniform Commercial Code, a contract for goods worth $500 or more generally needs a written record that shows a sale agreement and includes the required signature, subject to exceptions.

Conduct can support the story

Even when no formal contract exists, what the parties did after the agreement can matter. Did one side deliver materials, start work, accept payment or send invoices? Did the other side accept the benefit without objection? Conduct cannot fix every missing writing problem, but it can help show that the deal was real.

Start with whether you can prove the deal

If a handshake business deal has already fallen apart, the next step is to look at proof. Identify the exact terms both sides agreed to, what each side did after the agreement and whether Oklahoma law required that type of deal to be in writing. The stronger the evidence of agreement, performance and breach, the easier it becomes to decide whether the dispute can support a legal claim.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Who can witness an Oklahoma will signing?]]> https://www.joycegraddy.com/?p=56159 2026-06-15T13:56:42Z 2026-06-15T13:56:42Z have two witnesses who validate their identity and sign the will. Witnesses must either be present when the testator signs the will or hear them affirm that the document is their official will. Ensuring that those witnesses meet the legal requirements outlined in the law is important for the long-term validity of a will.

What does the law require?

Only adults who are 18 or older can typically witness a will signing. Additionally, they need to be competent at the time that they act as a witness. While the law does not explicitly require that the witnesses are disinterested parties, using disinterested witnesses is often beneficial. An interested witness is someone named as a beneficiary of an estate, and anyone who will not inherit is a disinterested party. Although using an interested witness does not automatically invalidate a will, it may increase the likelihood of disputes related to claims of undue influence by the witness who is also a beneficiary. Choosing the right witnesses and ensuring that a will fully complies with all state requirements is important for those trying to establish a meaningful legacy. The guidance of an Oklahoma estate planning attorney can help testators to better ensure that their wills are valid.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Understanding commercial leases]]> https://www.joycegraddy.com/?p=56158 2026-06-04T23:15:29Z 2026-06-04T23:15:29Z commercial lease is much different than a residential lease. Commercial leases are usually negotiated and may place major financial duties on the tenant in addition to the lease payment.

Net lease terms

One of the most common structures of a commercial lease is a net lease. These are termed single net, double net and triple net leases. Those terms have to do with the number of added expenses the tenant is responsible for. These can include property taxes, insurance and maintenance. In addition to those “net” terms, some commercial leases also require the tenant to pay for utilities, repairs and common area expenses. Another addition, which is common for food service business, is a percentage of the profit of the business. The commercial lease should clearly state the base lease amount, as well as all expenses the tenant is responsible for paying. It should also include how these expenses are calculated, billed and documented. Some commercial leases will have caps on how much the tenant can be billed. Commercial leases are often complex, so it’s best for anyone who’s considering signing one to have someone on their side who can review an entire lease. It’s best to do this early in the process so a plan can be made for any negotiations that might be necessary.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Key areas to address in a partnership agreement]]> https://www.joycegraddy.com/?p=56157 2026-05-21T18:37:40Z 2026-05-21T18:36:30Z If you decide to start a business partnership with another person, even if the two of you are on good terms, it can be helpful to have an official contract in place. This is known as a business partnership agreement. For one thing, the agreement helps reduce the chances of conflicts and disputes. At the same time, it can list preferred dispute resolution tactics. If you do run into conflicts in the future, simply having a partnership agreement helps show you how to move forward and find a resolution.

Ownership percentages

One key detail to address in the partnership agreement is the percentage of ownership controlled by each partner. This is important when making decisions, if one person is going to be a majority owner. It is also important when selling the business and dividing up equity.

Profits and losses

On top of that, you can define how profits should be distributed or how losses should be addressed. Similarly, the agreement can specify what types of financial contributions are expected from both partners.

Roles and responsibilities

Furthermore, you can address authority issues, roles within the business and the different responsibilities that both partners will have. Conflicts often happen because roles are not clearly defined, and one partner believes the other is overstepping the bounds of their authority. Simply by sitting down in advance and defining each role, you make these conflicts much less likely. These are certainly not the only areas to address in a partnership agreement, but they give you a good place to start. Make sure you know what legal steps to take while drafting all applicable documentation and starting your new business.  ]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Why are driving distractions so hard to avoid?]]> https://www.joycegraddy.com/?p=56156 2026-05-12T16:00:54Z 2026-05-12T16:00:54Z Every year, many people are involved in accidents that are ultimately caused by distracted driving. Another driver was not paying close enough attention to the road and made a mistake that caused the crash. Some driving distractions are admittedly easy to avoid. If someone is texting and driving, for instance, they chose to respond to that text message. They could have ignored it until they arrived at their destination. They could have turned their phone off, so they did not even know that the notification existed. But not all driving distractions are so easy to avoid, which is part of the reason that these accidents keep happening.

Children in the car

For instance, some researchers determined that having children in the car was a greater distraction for parents than trying to use their phone while driving. But a parent who has to transport their children to and from school every day may find it nearly impossible to avoid this distraction.

Daydreaming behind the wheel

Other reports found that many drivers were distracted just because they were getting lost in thought. The issue here is that the driver does not intentionally decide to start daydreaming. They are not even conscious of the issue in the way that they are with a distraction like texting and driving. So they may not realize they are distracted until they have already made serious driving mistakes. As you can see, distracted driving accidents are likely to continue, despite growing awareness around these issues. If you have been injured by another driver, you may deserve compensation for medical bills and other damages.  ]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[Why your Tulsa business is one “life event” away from a shutdown]]> https://www.joycegraddy.com/?p=56155 2026-04-28T08:00:33Z 2026-04-28T08:00:33Z Protecting ownership during ownership transitions The stability of a local company depends on who holds voting power. A buy-sell agreement sets the rules for how ownership interests move when someone leaves. Without these rules, a departing partner might sell their share to a competitor or an outsider. Business owners use these protective measures during:
  • Voluntary departure: A partner retires or starts a new venture
  • Involuntary exit: Personal bankruptcy or legal judgments threaten company assets
  • Health crises: Disability or death prevents a partner from working
  • Internal disputes: Total disagreements stop founders from working together
Setting these rules early ensures remaining owners keep control. This control relies on a fair way to value ownership interests.

Establishing clear valuation methods

Valuing a private company during a dispute often leads to lawsuits that drain growth. A buy-sell agreement stops this friction. It names a specific formula or requires appraisals by experts. This clarity prevents a departing owner from demanding too much or the remaining owners from offering too little. Consistent valuation helps startups in the Tulsa tech corridor where markets shift fast. Partners who agree on a price today avoid the strain of negotiating under pressure later. These blueprints help the company plan how to pay for a buyout.

Funding the transition of shares

Knowing the price only helps if the owners have the cash to buy the shares. Many Tulsa founders use life insurance or cash reserves to ensure money is ready when an event occurs. This plan helps the business avoid selling equipment or taking on debt to pay a former partner. The buyout structure usually follows two paths:
  • Redemption agreements: The business entity buys the departing owner's shares
  • Cross-purchase agreements: The remaining owners buy the shares directly
Funding these paths ensures the transition does not disrupt work or scare investors. By securing capital, founders create a predictable environment for success.

The silent architect of business longevity

A buy-sell agreement shields a company from internal disputes. Understanding these legal principles helps entrepreneurs focus on growth rather than conflict. Local firms remain resilient when they address these risks before they become urgent. Owners who use these documents early gain the freedom to scale with fewer risks. Reviewing your needs with a professional ensures the agreement hits your long-term goals. Addressing these details now protects your legacy before a crisis dictates the terms.]]> On Behalf of Joyce & Graddy, PLLC <![CDATA[What is a “break clause” in a commercial lease?]]> https://www.joycegraddy.com/?p=56153 2026-04-27T09:53:31Z 2026-04-27T09:53:31Z With a commercial lease, a break clause can be used to allow one party to end the lease sooner than it would have naturally ended on its own. This is often referred to as an early termination clause. Without such a clause in place, both the landlord and the tenant are generally bound by the terms of the lease until it expires. If someone signs a three-year commercial lease, they are obligated to continue making payments for that entire duration, unless they negotiate an early exit. But if there is a break clause in place, it can give them some options to get out of the lease early, releasing them from this legal obligation.

Why would a tenant want to break a lease early?

There are many reasons why a tenant may want to get out of a lease early. For instance, the clause could be written to state that the commercial business has to meet certain income or revenue thresholds. The tenant may not be sure that this is an ideal location for their business, and the lease is only going to be affordable if they are bringing in a consistent amount of revenue. If they fall short and it proves to be a poor location, they may want to end the lease early so that they can relocate the business and have success elsewhere. On the other side of the equation, a landlord could also be interested in using an early termination agreement. The value of the property may go up, especially if it is in a developing area. The landlord may want to be able to get out of the lease or renegotiate the terms based on rising property values. These are just two different examples to keep in mind, and every situation is unique. But it helps to show why it is so important to understand the legal details of a lease, including any clauses that may or may not be used. It can help to work with an experienced attorney while drafting and negotiating these documents.]]>