Your state's pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Oklahoma T&E solo who knows Title 58 cold but still loses an afternoon a week tracking the moving SoonerCare pieces — and who leans on Oklahoma's unlimited-value homestead and probate-only recovery in every plan.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to an Oklahoma T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
OHCA recovers under OAC 317:35–9–15 against the estate (defined by Title 58) of a SoonerCare member 55+; the estate is the probate estate, so assets that pass outside probate are generally beyond recovery.
This is the structural fact an Oklahoma Medicaid plan is built around. A recorded transfer-on-death deed under the Nontestamentary Transfer of Property Act keeps the home out of probate — and therefore out of recovery reach. Recovery is also deferred while a spouse or a minor / disabled child survives.
OAC 317:35–9–15; 56 O.S. § 1011 · oklahoma.gov/ohca
Oklahoma's Nontestamentary Transfer of Property Act (Title 58, §§ 1251–1258, enacted 2008) lets an owner record a TOD deed — signed and acknowledged before a notary and two disinterested witnesses — that passes real property (including mineral interests) outside probate.
Because recovery is probate-only, the recorded TOD deed is the recovery play. Pair it with Oklahoma's unlimited-value homestead and the home is doubly protected during life and at death.
58 O.S. §§ 1251–1258 · law.justia.com
Maximum CSRA is $162,660 (minimum $32,532); the single-applicant resource limit is $2,000; the income standard is $2,982/mo (300% FBR); Oklahoma applies the $752,000 home-equity limit.
Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 OBBBA $1,000,000 flat home-equity cap now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
Decisions from the courts that bind an Oklahoma practitioner — the Oklahoma Supreme Court and the Court of Civil Appeals, the U.S. District Courts in Oklahoma, and the Tenth Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery.
The lane reads each new opinion from this state’s appellate courts and the federal courts that cover it, and reads-and-discards matters that are not trusts-and-estates (criminal, family-law, and commercial disputes — including cases where a trust or estate appears only as a party’s capacity, not as a T&E holding). For this period, no material trusts-and-estates or estate-recovery ruling surfaced.
Nothing to re-paper from the bench this period; plan and draft against the controlling statutes and prior authority unchanged.
This week in Oklahoma for the T&E solo with SoonerCare-planning clients: what the Oklahoma Bar Association, the OBA Estate Planning, Probate & Trust Section, and the Oklahoma Health Care Authority (OHCA) put in front of you.
The bar CLE calendar, the OHCA policy updates, and the federal standards all publish on different schedules. This is that sift, already done, with the link on each item.