Forced Share and Wrongful Death Proceeds

During litigation with asbestos manufacturers over responsibility for his asbestosis, the decedent died.  Some claims were settled before his death.  After his death, a claim for wrongful death was added and then all the outstanding claims were settled.

The widow asserted her elective share and the guardian ad litem for the minor children asserted that her share of the settlement was part of the augmented estate as property owned by her at the decedent’s death.

The court in In re Estate of Maldonado, 117 P.3d 720 (Alaska 2005), held that the wrongful death recovery was not owned by the widow at the decedent’s death and therefore could not be part of the augmented estate.

However, the court determined that remand was necessary to determine how much of the settlement was attributable to the decedent’s survivorship claims which would be part of the augmented estate as property owned by the decedent.