Rust v. Brown

The personal representative of an estate appeals an order granting summary judgment for the surviving spouse on her objection to an allocation plan for the distribution of settlement proceeds arising from a wrongful death claim. Because we sua sponte find the order to be non-final and non-appealable, we dismiss the appeal.

The decedent died in a motor vehicle accident, which gave rise to a wrongful death claim. The personal representative of the estate is one of the decedent’s three adult sons, and a residuary beneficiary of the estate. The surviving spouse is a non-citizen.

The trust…