Pretermitted Heir Statute Does Not Apply to Revocable Trust Created as Will Substitute

Oklahoma’s pretermitted heir statute provides an intestate share for a child of a testator omitted from the testator’s will “unless it appears that such omission was intentional.” In In re Estate of Jackson, 194 P.3d 1269 (Okla. 2008), a case of first impression, the court held that the statute does not apply to a revocable lifetime trust because, unlike the statute applicable to a surviving spouse, this statute does not limit the testator’s power to dispose of his or her property.