Everything listed under: probate

  • Conflict of Interest in Wrongful Death Settlement

    Decedent was killed in one vehicle crash. Her caretaker was driver and owner of vehicle. Decedent's will named the caretaker as PR of estate.

    Caretaker/PR (without legal counsel or probate approval) settled the wrongful death claim against herself with her own insurance company. The caretaker/PR aka tortfeasor/insured signed release as PR of the estate and her insurance company issued a check to the caretaker in her individual name only. Caretaker cashed the settlement check, spent the money, but never identified or accounted for the wrongful death claim or proceeds in probate. I've been hired by the estate to pursue any claims against caretaker and her insurance carrier.

    The liability of caretaker/PR seems clear, my question is in identifying claims against the insurance company for making payment to their own insured/tortfeasor. Also, will the insurance claim file be subject to production in discovery?  Read More...

  • Probate of Wrongful Death Proceeds

    Am I correct that wrongful death proceeds are not assets of the estate, and a “creditor’s claim” for a debt unrelated to the wrongful death cannot encumber the distribution of the wrongful death proceeds in accordance with 12 O.S. § 1053? Decedent died intestate and there are no assets of the estate. Surviving spouse appointed PR.  Read More...

  • Probate Needed in Death of Minor?

    I represent the parents of child killed in a car wreck. The liability carrier has tendered limits. Do I have to file a probate and have a parent appointed "Personal Representative" for the minor's estate?  Read More...

  • Wrongful Death: Relitigating Probate Court Determinations

    Before wrongful death case was filed, probate court enters an order finding administrator was decedent's common law spouse.  Defendant in later filed wrongful death case is now trying to prove administrator was not common law spouse.  Seems to me this issue is already decided.  Read More...
  • Forms and Procedures for Non Judicial Determination of Death...

    I'm looking for forms and procedures for non judicial determination of death to clear title on joint tenancy property without having to do a probate.  Read More...