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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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