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Judges disagree on trust jurisdiction issue

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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.

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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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