Ex Parte Samuel Rodgers. (in Re Samuel Rodgers v. Elizabeth McElroy, as Personal Representative of the Estate Of…

Summary

The court held that a personal representative may not receive compensation from proceeds recovered in a wrongful-death action because those proceeds do not belong to the decedent's estate and are not subject to estate administration expenses. Applying de novo review to the statutory interpretation issue, the court reversed the judgment affirming the fee award and remanded for further proceedings. Justice Bolin, concurring specially, agreed with the result but proposed that trust-law principles could support compensation in future wrongful-death cases.