Homestead held in deceased spouse's pre-marriage revocable living trust remains protected from the other spouse's forced share

The Oklahoma Court of Civil Appeals recently held that a residence held by the deceased spouse's pre-marriage revocable living trust could become the surviving spouse's homestead, subject to her homestead rights under 84 O.S. 44.  An attempted transfer of the homestead to a third party without the surviving spouse's consent or waiver would be invalid.  But even if the surviving spouse held a homestead interest in the property, the deceased spouse's pre-marriage revocable living trust would not be treated as joint industry property and, therefore, would not be subject to the surviving spouse's forced share under 84 O.S. 44(B)(1), as it was amended in 1985.  Estate of Eagleton, 2017 OK CIV APP 2, ___ P.3d ___ (mandate issued).