Man had 3 months to bring claim to enforce contract, court rules

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A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.

David Markey was the only child of John and Betty Markey. When his mother died, her assets went to her husband. He later married Frances Markey, and they executed a contract in 1998 to make mutual wills. Half of their estate would go to Frances Markey’s granddaughter, the other half would go to David Markey. The contract also said the wills would not be revoked, and if they were, David Markey could bring an action at law or in equity seeking performance. Frances’ adult children, Stephen Routson and Madonna Reda, were not aware of this contract.

After John Markey died, Frances Markey inherited all of his assets and then revoked her will. She died in July 2012 and her estate was opened in August 2012. David Markey, who claimed he didn’t learn she had died until April 2013, brought his action to enforce the terms of the contract that month – eight months after the will was admitted to probate.

Reda argued that the action was time barred because it was filed more than three months after the will was admitted to probate; David Markey argued that he had timely filed his action within nine months of Frances Markey’s death because he was a “reasonably ascertainable creditor” under I.C. 29-1-7-7(d)(2).

The trial court, citing Kennan v. Butler, 869 N.E. 2d 1284 (Ind. Ct. App. 2007), ruled the action to enforce a contract to make a will was not a “claim” under I.C. 29-1-14-1 of the Probate Code. It pointed to a footnote in the ruling that said “for timely administration of an estate, a breach of contract to make a will action should be similarly limited. Where the action is challenging the distribution pursuant to a probated will, the petition must be filed within three months of the order admitting the will to probate.”

In David J. Markey v. Estate of Frances S. Markey, Deceased; Stephen L. Routson, Personal Representative under the Last Will and Testament of Frances S. Markey, Deceased; Stephen L. Routson, et al., the COA agreed that the footnote in Keenan is directly applicable in a case such as David Markey’s, so it correctly determined that the three-month limitation period for such actions suggested in the footnote applies to David Markey’s action.

The judges rejected his claim that the three-month limitation period for will contest actions would violate his due process rights.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...