Section 4.2 Class 1 Beneficiaries (Decedent’s Spouse, Decedent’s Children or Children’s Lineal Descendants, or Decedent’s Parents)

• Library: Settling Cases 2014

Class 1 consists of “the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or . . . the father or mother of the deceased, natural or adoptive.” Section 537.080.1(1), RSMo 2000.

The people in class 1 each have an equal and unconditional right to bring an action for recovery, or, alternatively, the right to intervene in a pending wrongful death action. Martin v. Busch, 360 S.W.3d 854 (Mo. App. E.D. 2011). While the statute does not...