Feb. 9, 2026

Indiana Court of Appeals
Ilene Breuning and Christine Morgan, as Co-Trustees of the Willi Breuning and Ilene Breuning Living Trust Agreement v. Tim W. Breuning
No. 25A-TR-1491

Civil. Interlocutory appeal from the Allen Superior Court, Judge Jennifer L. DeGroote. Reverses the trial court’s grant of summary judgment in favor of trust beneficiary Tim W. Breuning and remands with instructions to enter summary judgment for co-trustees Ilene Breuning and Christine Morgan. Holds that Section 1.2 of the unambiguous trust agreement preserved the tenancy-by-the-entireties character of real property transferred into the trust and retained for the surviving settlor all rights, privileges and obligations as if the property were held free of the trust until the deaths of both settlors. Concludes that, upon Willi Breuning’s death, title to the property vested in Ilene Breuning by operation of law through survivorship, and that this specific provision controls over the general distribution provision in Section 5.1 governing the remaining trust estate. Determines the trial court erred by treating the property as part of the residuary trust estate subject to equal distribution. Appellants’ attorneys: Stephen J. Harants. Appellee’s attorney: Kent C. Litchin.

Indiana Court of Appeals
In the Matter of S.V., Minor Child Alleged to be a Child in Need of Services; J.J. (Mother) and B.M. (Stepfather) v. Indiana Department of Child Services and Kids’ Voice of Indiana
No. 25A-JC-1178
Civil. Appeal from the Marion Superior Court, Judges A. Richard M. Blaiklock and Tara Y. Melton. Affirms the trial court’s adjudication of S.V. as a child in need of services, or CHINS. Holds the evidence supports findings that mother exaggerated or fabricated the child’s medical symptoms, resulting in extensive unnecessary and invasive medical care constituting medical child abuse. Concludes the child’s physical and mental health was seriously endangered under Indiana Code §§ 31-34-1-1 and 31-34-1-2, that the child was not receiving appropriate medical care, and that coercive intervention of the court was necessary because mother lacked insight into the harm caused and stepfather failed to act to protect the child. Rejects parents’ sufficiency challenges as requests to reweigh evidence and credibility. Affirms the dispositional order continuing foster care placement and requiring psychological evaluations. Appellants’ attorneys: Marion County Public Defender Agency; Don R. Hostetler. Appellee’s attorneys: Office of the Indiana Attorney General.

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