ILNews

Judges disagree on trust jurisdiction issue

Back to TopCommentsE-mailPrintBookmark and Share

In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.

In the case In re the matter of: the Marvine W. Alford Trust, Joseph and Sarah Rogers v. J. Robert Lyons, as Trustee, No. 49A02-0805-CV-413, Chief Judge John Baker and Judge Paul Mathias agreed with a Marion Superior judge's dismissal of a petition to remove J. Robert Lyons as trustee for lack of subject matter jurisdiction. The majority examined Marvine W. Alford's will and trust documents and ruled the trust was to be administered in accordance with Virginia laws, where Lyons lived.

Joseph and Sarah Rogers are the guardians of Shirley Rogers, who is the granddaughter of Alford. Alford had two children - Lyons and Marvine Mae Rogers, who is Shirley's mother. The Rogerses lived in Indiana and requested Lyons send a copy of Alford's will, the trust instrument, and a current statement of accounts after Marvine Mae's death. After Lyons delayed in sending the documents, the Rogerses filed a petition in the trial court to remove him as trustee, and sought an accounting and award of attorney fees.

Lyons filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Indiana Trial Rule 12(b)(1), which the trial court granted.

The majority reviewed provisions of the Section 199 Restatement (Second) of Trusts, Restatement of Conflict of Laws, Indiana Code, and caselaw to help them affirm the trial court's dismissal of the complaint. In the majority's view, the provisions in Alford's will instructing Lyons "of Alexandria, Virginia" to become trustee expressed her intent that Lyons administer the trust in Virginia, wrote Chief Judge Baker. Any jurisdiction Indiana courts may have had over the trust ended when Alford's estate assets were transferred to Lyons as trustee to be held and administered in Virginia.

"Moreover, it is undisputed that Lyons has continuously and exclusively administered the Alford Trust and the assets in Virginia, and he has been a resident of Virginia since Alford executed her will," he wrote. As such, all claims regarding the administration are to be heard in Virginia courts.

Judge Elaine Brown dissented, writing that she doesn't believe the will's reference to "Robert Lyons, of Alexandria, Virginia" shows an intent the trust should be administered in Virginia. Judge Brown wrote the trial court had subject matter and personal jurisdiction over the case and she would hold the court erred by granting Lyons' motion to dismiss.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT