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Appeals court sides with snubbed relative in estate case

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The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.

In In the Matter of the Supervised Estate of Leah Yeley, Deceased; Larry Yeley v. Timothy Purdom, as Personal Rep. of the Estate of Leah Yeley, No. 27A02-1103-ES-456, Larry Yeley, son of the late Leah Yeley, appealed the probate court’s imposition on him of a settlement agreement reached by his siblings that he did not sign. The appeals court held that such an action is in contravention of the compromise statute requiring a signature for each competent person having an interest or claim which will or may be affected by the compromise. But Larry Yeley’s siblings claim he did not have an interest in his mother’s estate, as he had already been given the maximum allowed under her two distinct and contested wills.

The appeals court held that the settlement agreement the siblings reached was not in itself an agreement to the terms of either will, but rather an agreement to independent division of the estate.  

The appellate court disagreed with the probate court that Larry Yeley’s interests were represented by a fiduciary, stating that Larry Yeley – not a representative on his behalf – appeared for court-ordered mediation.

The COA remanded the case for proceedings consistent with its opinion.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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