Estate Of Pushru

562 P.2d 329 (Alaska 1977)

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Nature of the Case

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Facts

Donney was a passenger on airplane which disappeared during a flight. A certificate of presumptive death was issued. He left his natural mother, Mrs. Elizabeth Pushruk Mogg, as his sole legal heir. The personal representative instituted a wrongful death action against Channel Flying, Inc. and ultimately settled the case for $100,000.00. James E. and Gloria J. Beaton, who had allegedly cared for the deceased during the seven years prior to his death, filed a claim against the estate in the amount of $51,895.00 for loans made to him and for the cost of his upbringing. This claim was disallowed by the personal representative. The Beatons subsequently filed a petition in superior court for allowance of claim, seeking only $11,524.74, the sum loaned to the deceased. The personal representative opposed the petition, claiming that the estate had no funds. The representative claimed that the proceeds of the wrongful death action did not pass into the estate and indicated her intention to distribute them directly to Mrs. Mogg. The superior court held that the proceeds of the action are treated as any other asset of the estate and are subject to the claims of creditors of the estate. Mrs. Mogg stipulated she was not dependent on her son at the time of or prior to his death. They further stipulated that the Beatons' claim was valid. The Beatons moved for summary judgment. The trial court granted the motion. Mrs. Mogg has been substituted for Ms. Kalmbach as personal representative and has brought this appeal from the decision below on behalf of the estate.