While not directly a probate litigation
decisions, the following decision may be of interest to some
probate attorneys since it involves a contested disinterment of a
deceased’s remains – an issue that can occasionally arise during
probate litigation.
E. Lee Warren, et al v. IOOF Cemetery, et al.
Case No. 02A03-0806-
CV-333
In 1970, the husband passed away and was
buried in a Kentucky cemetery where the wife also planned to be
buried. Sometime thereafter, the wife moved in with her daughter
who...
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Probate attorneys involved in probate
litigation (and perhaps all attorneys involved in any litigation
regardless of whether it involves probate, business law, trademark,
intellectual property or any other matter in litigation) may wish
to consider the following opinion:
James W. Smyth v. Judy G. Hester & Estate of Timothy P.
Brazil. Case
No. 29A02-0803-CV-237
This matter involved the trial
court’s award of attorneys’ fees to an estate and an attorney for
actions taken by a law firm on behalf...
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The Indiana appellant courts have not issued any decisions in the
past few days which impact on probate litigation. Probate
litigators, however, may find this quote quite insightful:
"Death is not the end. There remains
the litigation over the estate."
-Ambrose Gwinnett Bierce
(June 24, 1842 – 1914?)
My thanks to
Christopher "CT" Stephen -
Alerding Castor
LLP's newly added attorney - for alerting me to this
quote.
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Probate attorneys considering the effect of
adoptions in probate litigation may want to consider the following
opinion:
In Re the Paternity
of Maria E. Duran: Baltasar Regalado v. Maria E. Duran and First
National Bank of Valparaiso, et
al. Case No.
64A03-0702-JV-66
This matter involved both a paternity
proceeding and an estate administration. The estate was of the biological father of a
daughter who had previously been adopted by the parents of her
biological mother. The daughter sought
to...
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Probate attorneys considering challenging or
defending nonprobate transfers in probate litigation may want to
consider the following opinion:
Gary Lewis v. Alvis Wynn, Case
No.10A01-0804-CV-157 
This case involved a tragic set of
circumstances where a husband separated from his wife shot and
killed his wife’s daughter (his step-daughter) and then
himself. Several investment accounts,
either in the husband’s name or held jointly with the wife, passed
to the wife outside the husband’s estate. The...
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While not a probate litigation decision, the holding of
this case is instructive for probate attorneys involved in probate
litigation since it addresses the evidentiary requirements
necessary to overcome a presumption.
Alicia Bonilla v. Commercial Services of
Perry, Inc., et al, Case No. 45A03-0803-CV-105
In this case, the Court of Appeals addressed the effect of a
presumption arising under Indiana Code § 33-42-2-6 which provides
that “[t]he official certificate of a notary public, attested by
the...
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Probate
attorneys involved in probate litigation which
generates other litigation may want to consider this opinion:
Bank One v. Jeannene Surber, Case No.
29A04-0712-CV-711
This action was predicated on the claim that
Bank One was negligent and breached its contract with plaintiff by
losing a signature card to a bank account which, but for Bank One’s
actions, would have passed directly to plaintiff upon her husband’s
death rather than into her husband’s estate. This fact pattern spawned two...
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Probate attorneys, both
those involved in probate litigation as well as estate planning,
should consider the ramifications of the following
decision:
Rosemary Dean v. William T. Pelham,
Pers. Rep. of the Estate of William McNatt,
Case No.
73A01-0806-CV-306
In this case, the Indiana
Court of Appeals held that a person designated as a “signer” or
“signator” on a bank account was entitled to the sum remaining on
deposit in the account upon the death of the owners even though
the signator herself had...
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