Son Left Out of Trust

Son Left Out of an Oklahoma Trust Could Not Bring Probate Action to Receive a Foreced Share From His Father’s Estate

In a recent case, the Oklahoma Supreme Court found that Oklahoma’s pretermitted heir statute did “not” extend to a revocable inter vivos trust. In the case, decedent left no will having previously placed everything in a trust. As a result, his alleged son filed a probate action seeking what is tantamount to a share of decedent’s Trust as a pretermitted heir.

The Oklahoma Supreme Court found that Oklahoma’s pretermitted heir statute does “not” limit a testator’s power to dispose of his property by trust and insures no minimum statutory share like a spouse’s forced heir share under 84 O.S. § 44.