Barton v. Poole

CAMPBELL, Judge.

Appellant, the personal representative of the estate, argues that the trial court improperly allowed appellee’s child support claims to be taken out of the $35,000 settlement from the survivors’ wrongful death action. We agree.

There were two actions filed here: A wrongful death action and a probate action. Each was assigned to a different court division and was given a different case number. The wrongful death petition did not include any claim on behalf of the estate, nor did the personal representative’s subsequent petitions include requests on behalf of the estate.

Appellee,…