Houston, TX asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma

Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does the mother who lives in Texas have a legal right in Oklahoma to be included as a heir along with the husband and 2 children (1 a minor) - the mother and deceased daughter were not estranged. The husband was not forthcoming with any of this information and we have since learned of the recent publications in their local paper from Oklahoma as well as the case information online. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition? Any insight would be most appreciated as she deserves compensation for the loss of her daughter. Thank you.

2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA

A: Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?

A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death. Most accident/injury attorneys will provide a free consultation and should be able to immediately answer the question of whether or not in this instance the mother has any rights as a result of her daughter's death.

I am srry for your loss and this tragedy.

Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or grandchildren, etc...

Sorry for your loss as this is a tragedy for anyone to go through. Have your family reach out to a probate attorney to see if there is anything they can do.

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