Appeals court reverses decision giving late father’s trust share to son

The Indiana Court of Appeals has reversed a superior court decision to give a late father’s share of a family trust to his son.

Jim Hilyard, a representative of Joseph Hurley’s estate, appealed a Marion Superior Court September 2025 order, alleging it divested Joseph of his share by passing the 25% to his son, Wesley, instead of letting it go to his estate.

The appeals court, in an opinion filed Monday, noted that Hurley’s 2022 death doesn’t prevent his estate from receiving his share of the trust.

These assets stem from the trust of Joseph Hurley’s maternal grandmother, Alicia Ballard. She established it in 1969 and amended it in 1981, according to court documents.

The trust was fulfilled after her son, Edward, Joseph Hurley’s uncle, died childless in July 2020. That prompted questions about who would receive the residual assets.

So, another trust was created. The trust was the subject of a dispute between the descendants of Alicia’s daughter, Sylvia, and the Indianapolis Museum of Art (IMA), now known as “Newfields.”

In its 2023 decision, the appeals court ruled that the museum held no claim to the trust.

On July 9, 2025, Scout Advocacy LLC, which oversaw the trust, asked the trial court if Joseph Hurley’s share should be given to his estate or to his son, Wesley. The court decided in favor of giving Wesley his father’s 25% share of the trust.

In its Sept. 2025 order, the trial court stated that Joseph Hurley’s estate was excluded from receiving his share, citing that the assets were intended for living descendants.

“Our Court of Appeals … determined that “The Children,” or the living descendants of Alicia Ballard through Sylvia Hurley, would benefit from the Resulting Trust,” the trial court stated.

In his appeal, Hilyard argued that the proper beneficiaries have already been established via previous litigation. Citing the Indiana Court of Appeals 2023 opinion in the Indianapolis Museum of Art v. Hurley (Hurley I) case, Hilyard argued the court determined that Alicia’s successors were entitled to the trust’s assets, which included Joseph Hurley.

The IMA along with Uncle Edward’s estate unsuccessfully appealed the Hurley I case. On January 15, 2025, the appeal was dismissed with prejudice.

During the trial, Hilyard’s attorneys argued that Joseph Hurley could not be divested of his 25% share due to the Hurley I litigation. Hilyard’s attorney also noted that Joseph was alive when Uncle Edward died and the initial trust was fulfilled.

The case is Jim Hilyard v. Wesley J. Hurley et al., 25A-TR-2442