Legal Question in Wills and Trusts in Oklahoma

Re: Everybody Wants a Slice

Thank you for your question. I cannot determine from the brief facts given which state's laws would apply to a wrongful death suit. Under Oklahoma laws a wrongful death suit is normally prosecuted by the personal representative (administrator) of the deceased individual's estate. Damages recovered are distributed according to what type of damages are awarded. Loss of consortium and grief are to be distributed to the surviving spouse. Mental pain and anguish is distributed to the surviving spouse and children in the same proportion as personal property of the decedent. Pecuniary loss goes to the survivors based upon properly admissable evidence with regard to each survivor's pecuniary loss occasssioned by the wrongful death, including evidence of the age, occupation, earning capacity, health, and probably life expectancy of the decedent. The grief and loss of the children and parents of decedent are distributed according to their loss. Punitive damages are distributed to the surviving spouse and children in the same proportion as personal property of the decedent. A judge is required to determine the proper division of such sums as represent percuniary loss. So the answers to your questions under Oklahoma law would be: 1.Cannot be answered without knowing additional facts. 2.No 3. The distribution will depend on the factors set forth above.

Re: Everybody Wants a Slice

Thank you for your questions. The answer to your questions will depend upon the specific facts of your case. Without knowing the specific facts the general answers are set out below and are based upon the following assumptions:

1. The wrongful death award has already been divided between the potential plaintiffs (Husband, Children and Decedent's estate); and

2. That your questions regard only the distribution of the Decedent's estate pursuant to Okahoma's law of decent and distribution.

Based on these assumptions the answer to your questions would be:

1. Oklahoma is not a community property state.

2. The Husband would be the sole beneficiary if there are no children; if there are children, Husband would receive one-half 1/2 and the children would share equally, one-half 1/2.

3. Administer the intestate estate by petitioning the Oklahoma court, in the appropriate county, to issue Letters of Administration, appoint a personal representative for the Decedent's estate, and determine heirs.