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IN RE ESTATE OF JACKSON

No. 103,063.

194 P.3d 1269 (2008)

2008 OK 83

In the Matter of the ESTATE OF Walter Kinsley JACKSON, Deceased. Johnny C. Benjamin, Personal Representative of the Estate of Walter Kinsley Jackson, Deceased, and in his individual capacity, Plaintiff, v. Robena J. Butler and Harris Butler, in their capacity as co-trustees of the Jackson Living Trust dated July 7, 1995, and amended November 1, 1996, and in their individual capacities, Defendants.

Supreme Court of Oklahoma.

September 16, 2008.

Attorney(s) appearing for the Case

Gerald E. Kelley, Kelley, Kelley & Gregory, Oklahoma City, OK, for appellant.

Shawn D. Fulkerson, Richard E. Parrish, Carolie E. Rozell, Fulkerson & Fulkerson, Oklahoma City, OK, for appellees.

TAYLOR, J.

¶ 1 We are presented with this question of first impression: whether the assets of a revocable inter vivos trust are subject to the provisions of Oklahoma's pretermitted heir statute, 84 O.S.2001, 132. We are also presented with the question of whether, in a probate proceeding, notice must be given pursuant to title 58, section 240 of the Oklahoma Statutes before a court's order determinating heirs is binding. We answer the question of first...

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