Can a deceased sibling be considered an heir to property left in a will?

Full question:

My father left two pieces of real property to me in his will, and assigned me as the executor of his estate. One home was left to me only, the second home was left to myself and my only sibling. Before the probate passed the ownership of the home left to me and my sibling, my sibling passed away, leaving apprx. $18,500 in debts to medical institutions, such institutions had normally either submitted his bills to Title 19 or the Creek Nation, as we are Creek Natives and have CDIB cards. But for some reason these bills were not passed by the medical institution to either Title 19 or the Creek Nation as they had several times. Therefore a collection agency is attempting to file a lien against the real property that had never been assigned to my sibling, which I alone had put tens of thousands in repairing problems, cleaning, painting, etc., and this lien will effect a future sale and/or my financial picture. Please tell me if my sibling who was deceased before ever owning the property should be an heir to the property and therefore the lien the collectors want to put on the property would exist. I am very upset with my current attorneys, who vascillate about the law and simply don't seem to know exactly what should be done, although I hired them to do the probate and protect my interests. Thank you for your expedited answer!

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Oklahoma

Answer:

The answer depends on Oklahoma law regarding when property interests vest in probate—either at the death of the deceased or upon formal deed transfer. Generally, in Oklahoma, a gift in a will is presumed to vest at the testator's death.

Key factors include the will's terms regarding lapsed gifts and whether it contained a residuary clause. If your sibling had a will, its terms would also be relevant. Oklahoma has antilapse statutes that prevent gifts from lapsing if the recipient predeceases the testator, especially for close relatives. These statutes aim to avoid disinheriting grandchildren when their parents die before the testator.

However, if the will requires the initial recipient to survive until a specific time related to the probate process, this may override the antilapse statute. Ultimately, the court will determine the outcome based on all relevant facts and documents.

If you are dissatisfied with your current attorneys, you have the right to terminate their services and seek new representation.

For reference, see the following Oklahoma statutes: R.L.1910, § 8404, § 84175 (rights presumed to vest at the testator's death); § 8405 (rights divested); § 8406 (death of a devisee causes failure); § 8322 (title and possession); § 8323 (claim under heir against devisee).