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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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