ILNews

Pending dissolution settlement not enforceable upon a party's death

Back to TopE-mailPrintBookmark and Share

A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.

In Dwight Murdock v. Estate of Sharron K. Murdock, No. 45A03-0912-CV-585, Dwight Murdock appealed an interlocutory order from Lake Superior Court’s Probate Division that declared the property-settlement document in his dissolution action created an enforceable contract. The dissolution action between Dwight and Sharron Murdock was pending when Sharron died.

Before her death, Dwight had signed a drafted settlement, and attorneys for Dwight and Sharron had signed under “approved as to form.” Sharron via telephone told her attorney she intended to sign but she did not before her death examine or sign the document, and therefore the dissolution court also did not sign the agreement.

Dwight initially was appointed personal representative of Sharron’s estate, but two of their five children successfully petitioned for his removal, arguing he was not an “interested person” because he forfeited his rights based on probate statutes Ind. Code § 29-1-2-14 and Ind. Code § 29-1-2-15 addressing adultery and spousal abandonment. The two children were then appointed co-representatives of their mother’s estate.

During a hearing before the probate court, the daughters argued the property-settlement document was an enforceable contract and Dwight argued it was now null. The estate asked the probate court to use the property-settlement document as a “template” based of the “intent” of Sharron and Dwight.

Also at the hearing, Sharron’s attorney testified that Sharron had expressed her intention to sign the settlement, and the court admitted into evidence the attorney’s affidavit expressing the attorney’s “professional opinion that the property settlement document ‘was to become effective upon its execution, and was not contingent on any Court approval.’”

The probate court found the document was enforceable, found the issue of abandonment moot, and reserved final judgment regarding whether Dwight had forfeited the right to inherit from Sharron’s estate. Dwight then filed an interlocutory appeal, arguing the probate court effectively required him to “deliver property and execute documents.”

Appellate Judge L. Mark Bailey cited Bailey v. Mann, 895 N.E.2d 1215, 1217 (Ind. 2008), that noted settlement agreements become binding when incorporated into a dissolution decree, and in this case, no such decree would be forthcoming.

The court also cited Johnson v. Johnson, 653 N.E.2d 512, 516 (Ind. Ct. App. 1995), noting that dissolution proceedings, including property settlements, terminate upon the death of one of the parties.

The court noted the settlement document was silent regarding its operation in the event of one of the party’s deaths. It was drafted in contemplation of a dissolution and that would not occur upon Sharron’s death.

Judge Bailey wrote, “… an attempt to enforce the provisions of the property settlement document – which had neither been fully executed nor adopted by the dissolution court – based upon a determination of 'intent' would contravene our Indiana Supreme Court’s directive that marital property settlement agreements become binding when incorporated into the dissolution decree. See Bailey, 895 N.E.2d at 1217.”
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT