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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.

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Indiana Court of Appeals
In re Commitment of P.P. v. Community Fairbanks Behavioral Health
No. 25A-MH-1592

Mental Health. Appeal from the Marion Superior Court, Magistrate Sarah Glasser. Reverses and remands. Reverses the trial court’s order of involuntary regular commitment and remands for further proceedings not inconsistent with the opinion. Holds that P.P.’s due process rights were violated when Community Fairbanks Behavioral Health petitioned for a temporary commitment but, during the commitment hearing, pivoted to request and obtained a regular commitment without prior notice. Concludes that the mid-hearing shift deprived P.P. of adequate notice of the nature and purpose of the proceeding, including the potential for an indefinite loss of liberty, as required by Indiana Code § 12-26-2-2 and the Due Process Clause. Further holds the trial court lacked statutory authority to order a regular commitment because the Hospital neither filed a petition meeting the requirements for a regular commitment under Indiana Code § 12-26-7-3 nor proceeded through the statutory mechanism for transitioning from a temporary to a regular commitment under Indiana Code § 12-26-6-11 and § 12-26-7-4. Although P.P. did not challenge the findings that she was mentally ill, gravely disabled, and dangerous, the regular commitment order is void due to the procedural defects. Appellant’s attorneys: Joel M. Schumm; Brian Leon. Appellee’s attorneys: Jenny R. Buchheit; Abby V. DeMare; Rani B. Amani. This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.