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Grandchildren not entitled to proceeds of land sale under will

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A Monroe Circuit judge did not err in denying a motion by three grandchildren to correct errors in which they claimed that they, instead of their grandmother’s second husband, should have received the proceeds of the sale of land in Bloomington. The Indiana Court of Appeals held the Bloomington residence was adeemed by extinction, so the proceeds of the sale pass to Cora Young’s second husband, Theodore.

In In the Matter of the Supervised Admin. of the Estate of Cora E. Young, deceased; Terry Douthitt, Kelly Douthitt, and Kevin Douthitt v. Theodore R. Young, 53A04-1301-EU-36, grandchildren Terry, Kelly and Kevin Douthitt appealed Judge E. Michael Hoff’s denial of their motion to reconsider. They claimed based on the language in Cora Young’s 1976 will, the proceeds of the sale of property in Bloomington should be distributed to them, not her second husband, at her death.

Cora Young sold her Bloomington property on May 2, 2012; she then purchased another property in Solsberry. She died testate on June 26, 2012. Her will said that she would bequeath certain property to her son, Dennis, upon her death and that the rest and residue of her property would go to Theodore Young. If he didn’t survive her, then any property not attributable to his heirs would go to Dennis Douthitt.

Cora Young’s son died before her and she never changed her will to specifically reference the grandchildren.

Hoff held that the proceeds from the sale of property should be distributed to Theodore Young. Since the property was no longer owned by her at the time of her death, it was adeemed by extinction and the proceeds would go through the residuary clause of the will and go to her husband.

The grandchildren argued that the clause “excepting what m[a]y be the proceeds of any of the items mentioned in item two” clearly excepts the proceeds of the sale from the residuary clause and bequeaths them to their father, Dennis. But the COA found this particular clause was not specific enough to overcome the clear doctrine of ademption by extinction and except the proceeds of the sale of the Bloomington residence out of the residuary clause. The proceeds of the sale must go to the residuary beneficiary named in the will – her husband.



 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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