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Nephews' appeal over estate dispute dismissed

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Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.

Mark and David Shuler, co-personal representatives of the estate of Ruby Shuler Blankenbaker Botkins and nephews of Botkins, appealed the denial of their motion to set aside a family settlement agreement they entered into with Botkins’ surviving husband after Botkins’ death. The agreement said the Shulers would act as co-representatives of the estate and administer it in a manner that follows the directives of a will Botkins created in 1992.

Several months later, while the estate was still open, the Shulers found another will executed by Botkins in 1987. They filed a petition to set aside the agreement and admit the 1987 will to probate, but the husband objected. The Shulers sought interlocutory appeal, which the COA denied, and then asked the trial court to make its April 12, 2011, denial of their petition a final judgment. The trial court entered the purported final order on Sept. 2.

 In In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased; Mark Allen Shuler and David Lee Shuler, co-personal representatives v. Estate of George Botkins and Larry Botkins, personal rep., No. 22A05-1109-ES-481, the COA dismissed, finding the trial court’s order didn’t comply with Trial Rule 54(B). In addition, orders issued by a probate court aren’t final until the estate is closed. The order from which the Shulers appeal is also not an appealable interlocutory order, so the appellate court ruled it does not have subject matter jurisdiction to rule on the appeal.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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