Matter of Estate of Gearhart

TERNUS, Justice.

This case involves the appropriate apportionment of settlement proceeds paid for a claim made under the Federal Employers’ Liability Act (FELA) based on the death of Matthew Gearhart. See 45 U.S.C. §§ 51-60 (1994). The district court reasoned that the settlement proceeds were personal property of the estate and therefore, distribution of the proceeds was governed by Iowa Code section 633.336 (1997). 1 Accordingly, it awarded the decedent’s adult children fifteen percent of the settlement amount. The decedent’s widow considered this award excessive and appealed. The adult…