In the Matter of the Estate of Teddy Lee Applegate, Deceased

Wagoner, Oklahoma family law lawyers represented the parties in a marital property dispute.

¶1 Teddy Applegate died intestate in September 2020. His heirs included his wife Charlene and, from a previous marriage, four children and one grandchild (the issue of a predeceased child). Applegate was a lifelong farmer and rancher. He raised cattle before he met Charlene and continued to do so until his death. The question before us is whether the trial court erred in finding that the assets on hand at Teddy's death which were related to his livelihood constituted marital property, such that under the laws of intestate succession, Charlene was entitled to one-half interest in them, leaving Applegate's other heirs to share equally in the remaining half. We find the trial court's ruling is supported by the clear weight of the evidence, and vacate the Court of Civil Appeals' decision to the contrary.





¶2 The relevant facts are undisputed. [1] Teddy and Charlene began living together in 1991. In 1999, they combined funds to purchase ten acres of land. They later purchased a mobile home and lived on this acreage. The couple were formally married in 2004. Before and during their marriage, they converted titled assets into joint tenancy or acquired them as such, including their homestead, a savings account, a checking account, a certificate of deposit, and several vehicles.



¶3 Teddy raised cattle before he met Charlene and continued to do so until his death. At the time of Teddy's death, the herd comprised around twenty-six cows and a number of steers, heifers, and bulls. Teddy used a checking account to buy, sell, and purchase supplies for the cattle. In 2007, he added Charlene as a joint owner on that account, and she added Teddy as joint owner of her savings account. Charlene testified that they used these joint accounts for both business and household expenses. They purchased cattle, feed and other supplies with funds from these accounts, and when cattle were sold, the proceeds were deposited into the same joint accounts. Cattle were sold in either Teddy's name or in Charlene's name. Charlene also testified that she helped in caring for the cattle.



In re Applegate, 2024 OK 41, 120334 (Okla. Jun 11, 2024)

¶13 The cattle Teddy owned when he married Charlene are long gone. The herd that existed at his demise was purchased with commingled funds and cared for by joint efforts. The record shows that during their marriage, Teddy and Charlene treated cattle ranching as a joint effort. The trial court's ruling is not against the clear weight of the evidence.