RILEY, J.
Appellant-Plaintiff, Ronald Hillebrand (Hillebrand), appeals the trial court’s Order on Petition for Instruction and Request for Additional Attorney’s Fees and Additional Personal Representative Fees in favor of Appellee-Defendant, the Supervised Estate of Charlotte Fern Large (the Estate), which directs attorney fees to be deducted from the wrongful death settlement.
We affirm.
Hillebrand raises one issue on appeal, which we restate as: Whether the trial court erred in ordering attorney fees to be awarded from the proceeds of a wrongful death action.
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Hillebrand contends that the trial court erred in ordering counsel for Large’s estate to be paid out of the wrongful death settlement funds. Specifically, he maintains that pursuant to Indiana Code section 34-23-1-2(d), the proceeds from an adult wrongful death settlement, after payment of reasonable medical, hospital, funeral, and burial expenses, inure to the exclusive benefit of the nondependent child of the decedent. On the other hand, the Estate argues that because the personal representative of the Estate is entitled to pursue the wrongful death cause and employ counsel, it necessarily follows that the attorney will be compensated from the settlement. To be sure, it should be emphasized that Hillebrand does not contest that the personal representative can appoint an attorney to pursue the wrongful death claim; rather, the only issue raised is whether the Estate can charge the attorney fees incurred in the pursuit of the wrongful death claim against the settlement funds instead of being paid from the probate estate.
In that light, we also have to consider Indiana Code section 34-23-1-1 (emphasis added), the section preceding the section relied upon by the parties, which provides [for the reimbursement of attorney fees in the situation where the decedent dies without leaving any widow or widower, dependents, or dependent next of kin.].
. . . Comparing both sections side-by-side, . . . [n]o such provision exists when the decedent dies leaving a widow or widower, dependents or dependent next of kin.
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Both sections of the wrongful death act list the damages as “may include but are not limited to the following.” See I.C. §§ 34-23-1-1; -2(c)(3). Because this list of recoverable damages in a wrongful death action is expressly illustrative and not exclusive, we interpret the statute to allow in every situation—regardless whether the decedent leaves a widow or widower, dependents or dependent next of kin—the recovery of the reasonable costs of administering the decedent’s estate and prosecuting or compromising the action, including attorney fees. We also follow Thomas by concluding that the Legislature intended any damages recovered for the costs of administering the decedent’s estate or prosecuting or compromising the action to inure to the exclusive benefit of the estate for the payment of such costs. See Thomas, 400 N.E.2d at 783 n.5. Thus, as attorney fees are to be treated similar to the “reasonable medical, hospital, funeral, and burial expenses,” the costs are to be taken from the settlement proceeds for the exclusive benefit of the estate and the estate is responsible for their payment.
We therefore hold today that the damages awarded in a wrongful death action may include the reasonable attorney fees necessary to pursue the action, and these damages inure to the exclusive benefit of the estate for the payment of such costs. The remainder of the damages inure to the exclusive benefit of a nondependent parent or nondependent child of the decedent in accordance with I.C. § 34-23-1-2(d). As a result, here, because the settlement already allocated the funds which inure to the exclusive benefit of the Estate for payment of the expenses, we direct that the attorney fees also be paid out of the $12,016.72 that was expressly allocated to the Estate.
Based on the foregoing, we find that attorney fees in a wrongful death action pursuant to I.C. § 34-23-1 are included in the reasonable damages that can be recovered in the action and inure to the exclusive benefit of the estate for the payment of these expenses.
Affirmed.
BAKER, C.J., and FRIEDLANDER, J., concur.