Oklahoma Supreme Court Weighs In On Who Controls the Disposition Of a Decedent’s Remains
The Decedent, Vandell Downing, and Maxine Bailey lived together for 36 years and had six children together. The couple lived together until Decedent’s death in 2018. At some point in the relationship, Decedent gave Bailey a ring to symbolize their marital status.
After Decedent’s death, Bailey filed a petition seeking appointment as administrator of the estate, claiming she was Decedent’s common-law wife. Three of the Decedent’s children “filed an application requesting an ex party emergency temporary restraining order against Bailey and Pollard Funeral Home to prevent disposal of the body.”
The Children refuted the fact that Bailey was Decedent’s common-law wife and claimed that they were entitled to statutory control over Decedent’s body.
The trial court found that “[Downing] and the Decedent were parties to a common law marriage, and that by the authority just mentioned, the Petitioner is the Decedent’s surviving widow.” The court further ruled that “Decedent executed a written document which indicated his desire [to be buried], the contract bu whereby he purchased his burial plot.” The court then granted a final restraining order and instructed Bailey to carry out the burial of Decedent’s remains.
In Oklahoma, a decedent preference concerning the handling of their remains must be in writing.
The Oklahoma Supreme Court held that there was no evidence in the record of any executed written document assigning responsibility for or “directing the manner/method of disposing of Decedent’s remains. . .” and the Oklahoma trial court erred by directing burial over the surviving widow’s objection.
See Oklahoma Supreme Court Weighs In On Who Controls the Disposition Of a Decedent’s Remains, Probate Stars, July 6, 2021.