Articles

COA affirms arbitration opinion on rehearing

Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.

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Court tackles timeliness of trust distribution

A recent Indiana Court of Appeals decision offers guidance to those working in trust and estate matters regarding how long a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries when a dispute exists over the amount that will be received.

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Protecting pets in perpetuity

The non-profit American Pet Products Association estimates that this year, Americans will spend $50.84 billion on their pets – not surprising, considering the ever-increasing variety of treats, toys, and services for animals. But what happens to these pampered pets after their owners die? Are they consigned to a life of off-brand food? Forced to take up residence in a cramped kennel?

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COA to hold oral argument in Allen County

The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.

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COA orders trial court to define, locate easement

A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.

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Judges split in adopted trust-beneficiaries matter

In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.

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Court: Don’t assume undue influence by child

The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.

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COA: Bank didn’t breach duties as trustee

Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.

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