Like most things in law, this is not always clear-cut. The law simply states that proceeds shall be distributed “in accordance with each beneficiary’s loss.” In many cases, the beneficiaries can all agree to a distribution. If this is not possible, a judge will determine how to split up the proceeds among the beneficiaries.
We discuss who can be a beneficiary, in Chapter 10 of Oregon Wrongful Death Laws. Order your free copy of Oregon Wrongful Death Laws here.