Detailed Answer
Wrongful death proceeds in Missouri compensate family members for their loss when a loved one dies due to another’s negligence. Missouri law directs how to distribute these funds fairly to heirs. This overview explains each step, but it is not legal advice.
1. Identify the Statutory Heirs
Under Mo. Rev. Stat. § 537.080 (Mo. Rev. Stat. § 537.080), proceeds go first to:
- The surviving spouse and children, split equally.
- If no spouse but one or more children, they share equally.
- If none of the above, then to surviving parents in equal shares.
- If no parents, then to siblings or their descendants.
- If no relatives by blood, funds pass to the estate of the decedent.
2. Deduct Funeral Expenses and Costs
Missouri law requires that funeral and burial costs be paid before distributing the balance. See Mo. Rev. Stat. § 537.090 (Mo. Rev. Stat. § 537.090).
3. File a Petition in the Circuit Court
Any interested party—often the personal representative or a close family member—files a petition in the circuit court of the county where the wrongful death action was maintained. The petition should:
- List each heir and their relationship.
- Attach death and marriage certificates, birth certificates for children, and proof of expenses.
- Detail the total gross settlement or jury award.
4. Serve Notice and Obtain Court Approval
The court requires notice to all potential heirs. After objections (if any) are addressed, the judge issues an order approving the distribution plan. At this point, the claimant can collect and distribute funds.
5. Distribute Funds
Follow the court order exactly. Pay funeral costs first, then disburse proceeds per the heir hierarchy. Keep detailed records and obtain receipts.
Disclaimer: This article provides general information on Missouri wrongful death distributions. It is not legal advice. For assistance tailored to your situation, consult a qualified attorney.
Helpful Hints
- Gather certified copies of birth, death, and marriage certificates early.
- Keep a clear record of funeral, burial, and related expenses.
- Check for minor heirs; the court may require a guardian to manage funds.
- Review Mo. Rev. Stat. § 537.080 and § 537.090 for detailed rules and priority lists.
- Consult an attorney experienced in wrongful death to guide you through court filings and deadlines.