IN RE ESTATE OF MALDONADO

No. S-11067.

117 P.3d 720 (2005)

In the Matter of the ESTATE OF Florian A. MALDONADO, Jr., Deceased. Barbara Maldonado, Surviving Spouse, Petitioner, v. Brooks Bailey, Personal Representative of the Estate of Florian A. Maldonado, Jr., and William Schendel, Esq., Guardian ad Litem of the Minor Children, Jaden Maldonado and Cherish Maldonado, Respondents.

Supreme Court of Alaska.

July 22, 2005.


Attorney(s) appearing for the Case

Joseph L. Paskvan, Paskvan, Ringstad, Parrish, P.C., Fairbanks, for Petitioner.

Richard W. Hompesch II, Hompesch & Evans, P.C., Fairbanks, for Respondent Brooks Bailey.

William B. Schendel, Winfree Law Office, A.P.C., Fairbanks, for Respondent Guardian ad Litem.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.


OPINION

CARPENETI, Justice.

I. INTRODUCTION

We granted review to determine whether a surviving spouse's wrongful death proceeds should be included within the decedent's augmented estate as property of the surviving spouse, thereby offsetting the surviving spouse's elective share. The superior court included the wrongful death proceeds in the augmented estate on the theory that it was property owned by the surviving spouse at the decedent...

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