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Estate must be reimbursed for funeral expenses

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The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses. His widow, who paid for those expenses and received reimbursement from the estate, argued the wrongful death award wasn't itemized to include a portion for funeral expenses so the estate shouldn't be reimbursed.

In In the Matter of the Supervised Administration of the Estate of Lawrence W. Inlow, deceased; Anita Inlow and Anita Inlow as guardian of Jesse Inlow v. Jason L. Inlow, et al., No. 29A02-0712-CV-1039, Anita Inlow, the widow of Lawrence W. Inlow appealed, believing Indiana Code Section 34-23-1-1 requires the payment of funeral and burial expenses from a wrongful death award to an estate only when the award specifies what amount should go toward funeral expenses. If the award is able to be used to reimburse the estate, she contends she and her dependent son will receive no portion of those monies.

The appellate court examined I.C. Section 34-23-1-1, which in part states, "That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof."

The defendants in this case, the personal representative of Inlow's estate and his four adult children from a previous marriage, argue the statute requires the damages to be used first to reimburse the estate for the funeral and burial costs incurred whether or not a portion of the damages award was designated for these expenses.

Authoring Judge Nancy Vaidik and Judge Paul Mathias agreed with the trial court after examining the wrongful death statute and Indiana Code 34-51-2, which deals with compensatory damages for injuries or death to someone or harm to property. There is no statutory requirement for itemization of damages, and it would be illogical to impose a requirement for wrongful death suits when no requirement exists for other personal injury awards, wrote Judge Vaidik.

The majority also found it was apparent the parties during the settlement contemplated the costs of Lawrence's funeral and burial because the wrongful death cause specifically referred to those expenses in the complaint.

Judge Melissa May dissented, writing the statute specifically addressing wrongful death awards should control, and that statute requires the amount of damages to be categorized as medical, hospital, or funeral and burial expenses, or all other damages. The damages categorized as medical, hospital, funeral and burial go to the estate and all other damages go to the widow and dependent children, she wrote.

"The statute is explicit that funeral and burial expenses are, in this context, an estate obligation. The majority result burdens Anita with an expense (in the form of her loss of wrongful death benefits) the estate should incur," she wrote. "I would accordingly remand for the measurement and categorization of damages Ind. Code § 34-23-1-1 requires and for distribution consistent with that section."

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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