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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
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Experience:  JD, MBA
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My brother passed away leaving a Living Trust. He left

Customer Question

My brother passed away leaving a Living Trust. He left everything to myself and my brother. However,
that brother passed away in 2005. He has a son and daughter. So does his share pass to his children?
Submitted: 3 months ago.
Category: Estate Law
Expert:  TJ, Esq. replied 3 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 3 months ago.

Hello again. Thanks for your patience.

The law in Oklahoma is as follows:

When the declaration or agreement of an express trust provides for any of the property held in trust to be distributed to a beneficiary related by blood to the grantor or to a grantor of the trust, and the beneficiary is living at the time the trust is created but dies before the time for distribution of the trust leaving one or more lineal descendants who are living at the time for distribution of the trust, and no provision is made in the trust declaration or agreement for disposition of the property in the event that the beneficiary is not living at the time for distribution of the trust, the beneficiary's lineal descendants take the share of the trust property so given to the beneficiary in the trust declaration or agreement [...].

Gamble v. Malone, 2008 OK CIV APP 43, 182 P.3d 171, 173.

In layman's terms, the above case law means that the trust instrument governs the issue. But if the trust instrument is silent as to what happens in this situation, then the son and daughter do get their father's interest in the trust.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.