settlement shared

 In wrongful death actions, there are generally two (2) classes of claims. The first are claims brought on behalf of the estate (which are filed by the Personal Representative). N.R.S. 41.085(5). The Estate can recover (a) any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and (b) any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent The second class of claims are those made by heirs under Nevada law. NRS 41.085(2). "Heir" is a legal term by relation which means, close friends, unmarried significant others and stepchildren cannot recover. An heir can recover "pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent." NRS 41.085(4). These claims are the claims held by your siblings and you for which the recovery would belong to each of you individually.  The first class of claims seeks monies as part of the Estate and the proceeds are subject to claims of creditors against the Estate; the second class of claims belong to the heirs individually and are not susceptible to the creditors of the Estate.  The representative merely works for the Estate and will not get a larger portion  of the settlement monies merely because the Representative is the name and face of action.