Legal Question in Wills and Trusts in Oklahoma
Trust and Surviving Children
My father and step-mother have a Living Trust, and my father recently passed away. He has two living adult children, where my step-mother has no children (living or dead). As his children, we have no idea how a trust works in relation to us, or how theirs is set up. Is my step-mother automatically the sole beneficiary of the estate/trust, and if so, can she dispose of the estate as she pleases when she passes, or did this become irrevocable at his death? Do we have any recourse, and how should we approach the topic legally? Is there usually a Will even when there is a trust involved?
1 Answer from Attorneys
Re: Trust and Surviving Children
Thank you for your question. Absent something which would disqualify the Trust,whatever the Trust provided for became fixed as of the date of his death. If it provided that everything in the Trust was to go to his wife at time of his death then she will be able to do as she pleases. With a Revocable Living Trust, there will normally be a Will also, but its purpose is usually only a mechanism to pass whatever was not in the Trust at the time of death to the Trust. There are many things which may not have been put in the trust during his lifetime and therefore there may be some things which need to be probated. With any Revocable Living Trust you must take affirmative steps to place property in the trust and continue to keep it updated with transfers as necessary. There may be grounds for attacking the trust. However, not knowing more than I do about the circumstances and Trust provisions, I could not offer anything specific at this time.
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