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Undisputed will makes daughter’s appointment as special administrator improper

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Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.

 Darla Brenton appealed her removal as special administrator of the estate of Evelyn Norfleet for the purpose of bringing a wrongful death action. Brenton asserted the trial court did not comply with I.C. Section 29-1-10-6 which details the conditions for the removal of personal representatives.

Brenton had petitioned to be appointed as special administrator for the sole purpose of collecting damages for wrongful death after her mother, Norfleet, was struck and killed by a motor vehicle. At the time the court granted her petition, Brenton did not inform the court that Norfleet had a will that named her son, Leslie Lutz, as the executor.

The COA affirmed the trial court’s order removing Brenton as special administrator in Darla M. Brenton, as Personal Representative of the Estate of Evelyn Norfleet, Deceased v. Leslie d. Lutz, 77A01-1302-ES-86.

The appeals court ruled since the parties never disputed that Norfleet’s will was validly executed, Brenton’s appointment as special administrator was not proper under I.C. 29-1-10-15. Consequently, without a valid appointment of the special administrator, there is no reason to seek removal under I.C. Section 29-1-10-6.  
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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