do i need to file as a interested party?

oklahoma! my grandmother died leaving a will it is now in probate. she states i do hereby give the residue of such trust estate unto my grandchildren. my brother (dececed) myself, my sister, and one cousin. to share and share alike. my father(excutor) told me i was not in the will. i obtain this copy from the court house. is there anything i need to file or do. or do i need a lawyer?

I am not seeing the whole document (and I don't want to) BUT it all depends on what, if anything, is in the residue of the trust estate. But you should really have a heart to heart with your father. My sense is that that's what you get if the primary beneficiaries, likely her children, do not survive.

01-31-2001

You really do need to contact the TRUSTEE of the trust to find out what you are or are not entitled to. (Do you know if that trustee is your father or someone else?). The trust would have been drawn up by an attorney or at a bank.

The trust documents are private and confidential, so you might not be able to get access to them, but you need to find out if there is any "RESIDUE" of/in the trust estate and what the legal definition of that term is. Sometimes additional monies come in after the date of death, years later, that weren't known about or received when the trust was formed, such as interest payments, certificates of deposit that become due, unclaimed monies or oil and gas royalties, stock dividends, etc. Many times there may not be any "residue" left over to be divided.

Don't get your hopes up too high, since your father is probably honest enough to tell you if you would be entitled to any portion of the residue money (if there is any), but you certainly do have the right to have your questions answered if you are curious about what is rightfully yours.
If your sister or your cousin received anything, then that might be a clue that you also might be eligible.

Ask your father if he would send you a copy of the will (or let you see it) to verify that he is telling the truth about your name not being in it, or if you know someone else who was named in it, ask them if they have seen it or if they have a copy yet. If you can't see the will now, then you will be able to see it a few months down the road when he is finished with the estate and he has to file it at the county courthouse, where it will be publicly available. Try to be polite about it as possible, as people get very sensitive when talking about money or property that belongs to a deceased relative.


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