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In re Estate of Maldonado7/22/2005
ins to some extent unclear whether the legislature approved the economic partnership justification behind the elective share statutes.
This case requires us to determine whether the wrongful death proceeds realized by Barbara from the settlement with the asbestos manufacturers and suppliers are part of the augmented estate. We consider first whether the proceeds are part of the net probate estate, under AS 13.12.204. Next, we consider the GAL's argument that they are part of the surviving spouse's property under AS 13.12.207.
B. Wrongful Death Proceeds to a Spouse Are Not Included in the Net Probate Estate
We first consider whether proceeds or unlitigated claims of a surviving spouse under Alaska's wrongful death statute are included within the decedent's net probate estate, the first category of property in the augmented estate calculation. For the reasons that follow, we conclude that they are not.
An action for wrongful death in Alaska, which was created by statute, is intended to compensate those individuals who have suffered direct losses as a result of the decedent's death. Alaska Statute 09.55.580 allows an estate's personal representative to seek damages against a party whose wrongful acts or omissions caused the decedent's death, so long as the decedent would have been able to maintain a cause of action against that party for an injury caused by the same acts or omissions had he or she lived. When the decedent is not survived by a spouse, children, or other dependents, the statute instructs that "the amount recovered shall be administered as other personal property of the decedent but shall be limited to pecuniary loss." In these cases, the personal representative is the real party in interest and the amounts recovered are to be included within the probate estate.
However, as in this case, when the decedent is survived by a spouse, children, or other dependents, the compensation recovered "shall be exclusively for [their] benefit." In these cases, the real party in interest is the spouse or children, and the personal representative is but a nominal party. Damages are not measured by the losses to the decedent; rather, damages are measured by the losses to the survivors.
Damages may include awards for harms such as (1) the "deprivation of the expectation of pecuniary benefits" that would have resulted had the decedent continued to live; (2) loss of contributions for support; (3) loss of assistance or services; (4) loss of consortium; (5) loss of prospective training and education; and (6) medical and funeral expenses.
As a consequence of this statutory scheme, we have held that wrongful death proceeds are included in the net probate estate when the decedent is not survived by a spouse, children, or other dependents, but that the proceeds are excluded from the net probate estate when the decedent is survived by such individuals. Thus, the wrongful death proceeds received by Barbara should not be included in the augmented estate under the first category of property, i.e., property within the net probate estate.
C. The Surviving Spouse's Interest in Wrongful Death Proceeds Is Not Property Owned at Decedent's Death
We turn next to the question of whether the wrongful death proceeds can be included under the last category of property within the augmented estate: property owned by the surviving spouse at the decedent's death. This presents a question of first impression in Alaska and requires interpretation of Alaska probate law. When interpreting a statute, we "consider its language, its purpose, and its legislative history, in an attempt 'to give effect to the legislature's intent, with due reg
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