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142 P.3d 994

Wellshear v. Mellor

Court of Civil Appeals of Oklahoma

Decided February 28, 2006

Court of Civil Appeals of Oklahoma · decided 2006-02-28

Cited by 3 later decisions — most recently September 2018

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-02-28

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RAPP, V.C.J.,

¶1specially concurring.

¶2¶ 1 I concur* in the Majority’s analysis regarding distribution of the IRA to the designated children/beneficiaries. However, I would not dissolve the injunction nor author*1001ize the distribution of the entire IRA to the designated children/beneficiaries for the reason that the surviving spouse has made a preliminary showing of a valid claim to at least part of the IRA. Instead, I would have the trial court appoint a receiver for the children/beneficiaries under 12 O.S.2001, § 1551(1), to receive the IRA distribution. I would also direct the trial court to change the injunction to direct the children/beneficiaries to make payment to the receiver of the monies claimed by the surviving spouse pending resolution of her claims and to protect her interests per 12 O.S.2001, § 1382, and also those of the children/beneficiaries.

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