In Re Estate Of Jackson

194 P.3d 1269 (2008)

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Nature of the Case

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Facts

Johnny C. Benjamin (P) filed a petition seeking to be named the personal representative of the estate of Jackson. P alleged (1) Jackson died intestate, (2) P is Jackson's adult son, and (3) P is Jackson's sole surviving heir at law. The trial court found Jackson died intestate, P was Jackson's son and was entitled to Letters of Administration, and that P was Jackson's sole heir at law. P then brought an intra-probate proceeding against D, the co-trustees of a revocable inter vivos trust established by Jackson and his wife, who had predeceased him. P sought the removal of Ds as co-trustees with him named as trustee in their place, sought the disgorgement of any trust assets which had been disbursed, and sought a determination that he was Jackson's pretermitted heir and entitled to all the trust's assets. Ds filed a motion for summary judgment arguing that P had failed to produce evidence pursuant to title 84, section 215 that he is Jackson's son and heir at law and attaching P's birth certificate which shows Kenneth P. Benjamin to be his father. P filed a motion for partial summary judgment that the trial court found him to be Jackson's son and Jackson's sole surviving heir at law; that the terms of title 84, section 132 applied to trusts, as well as wills; and that as Jackson's sole and pretermitted heir, he was entitled to all of the trust's assets. The trial court found that the terms of title 84, section 132 of the Oklahoma Statutes do not apply to a revocable inter vivos trust. P appealed, and the decision was affirmed. P appealed once again.