30th Aug 2012
The second post in this series looked at Okla. Stat. tit. 58 § 126 and a list of persons who cannot be appointed Administrator – even if they have general priority under the law including Okla. Stat. tit. 58 § 122.
First on that list is: persons, “[u]nder the age of majority.” This looks to be a bright line rule on its face – one which would cause the Judge to appoint someone further down the list at Okla. Stat.tit. 58 § 122.
However, Okla. Stat.tit. 58 § 125 later adds this wrinkle: “[i]f any person entitled to administration is a minor, letters must be granted to his or her guardian, or any other person entitled to letters of administration, in the discretion of the court.”
This statute raises some questions, including the following. First, what kind of guardian qualifies? Second if there is a proper guardian, must the Judge grant letters to them? Or does the “discretion of the court” allow them to appoint “any other person”? Must the other person have the same statutory level of priority as the minor? Or can they even have lesser priority than the minor?
The next few posts will look deeper at these questions and issues, including how courts have interpreted the statute.
If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at firstname.lastname@example.org or using any of our contact information in the profile. You can also visit www.fieldandhicks.com for more information.
This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.