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Appeals panel reinstates claims of capacity, undue influence in trust dispute

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A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.

The panel reversed and remanded the case, In the Matter of the Trust of Dorothy Rhoades; Robert Kutchinski and Shelia Graves, f/k/a Shelia Kutchinski v. Joseph Strazzante and Monty Strazzante, Co-Trustees, 45A03-1206-TR-296. The panel held there were issues of material fact regarding Rhoades’ capacity and whether she had been unduly influenced.

Dorothy Rhoades had been in declining health, and 11 days before she died, she amended her power of attorney and made other changes affecting her will and trust. At the direction of son Joseph Strazzante, she named him sole attorney-in-fact and excluded as a beneficiary another son, Robert Kutchinski, who had been co-attorney-in-fact. She also excluded daughter Sheila Graves.  

Joseph and Monty Strazzante won summary judgment from Lake Superior Judge Geroge Paras, who ruled that there were no issues of material fact as to the mother’s capacity or undue influence. The appellate panel disagreed, noting she was heavily medicated and relied on a caretaker when she signed off on the changes. The caretaker testified her medication “resulted in her inability to fully comprehend what was fully happening to her.”

“We conclude that there is a genuine issue of material fact regarding whether Dorothy was of sound mind at the time she executed the amendments at issue,” Judge Rudy Pyle III wrote for the panel. “Accordingly, we conclude that the issue of testamentary capacity is a question of fact for a jury to determine and that the trial court erred by granting summary judgment on this issue.”

That determination undercut the defense argument that there was no issue of undue influence. “Because we have determined that there is an issue of material fact regarding testamentary capacity, we conclude that summary judgment was also not appropriate on the issue of undue influence,” Pyle wrote.




 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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