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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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  2. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  3. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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