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Man didn't timely file petition to reopen estates

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A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.

In In the Matter of the Estates of Obed Kalwitz, Sr., and Helen Kalwitz; Eugene Kalwitz v. Sharon Grieger, No. 46A03-0911-CV-546, Eugene Kalwitz filed a petition to reopen the estates of his parents after discovering a mistake in the personal representatives' deed conveying land. Based on a settlement reached between Kalwitz and his sister, Sharon Grieger, both personal representatives of the estates, Kalwitz was solely to receive the land. But the parties didn't read the document before signing it and it conveyed the property to Kalwitz and Grieger.

They filed their verified final account and petition for authority to distribute the remaining assets and to close the estates in August 2007. Kalwitz discovered the error in December 2008 and filed his petition to reopen the estates alleging a scrivener's error in March 2009. The trial court entered summary judgment for Grieger on Kalwitz's petition, finding it was untimely as a matter of law.

The Court of Appeals had to decide which statute applies: Indiana Code Section 29-1-17-13, which has a one-year statute of limitations, or I.C. Section 39-1-17-14(a), which has a general six-year statute of limitations.

Section 13 requires the petitioner to allege misconduct, though not necessarily liability, on the part of a personal representative and must be brought within one year of the date of discharge. Section 14 applies only to assets unadministered in the original order for the final settlement of an estate.

Kalwitz sought to reopen the estates under Section 14 to correct a scrivener's error, but the real estate was distributed by the deed in the former administration of the estates. As such, he can't use Section 14 to collaterally attack final judgment on an already administered asset, wrote Judge Edward Najam.

"It is important to emphasize that Eugene was not without a remedy for his allegation. But his remedy, if any, was under Section 13," he wrote.

He had to have filed his petition within one year of the date of discharge, which he failed to do. The trial court was correct in granting summary judgment for Grieger.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. 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.

  4. 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?

  5. 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.

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