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Indiana Court of Appeals Affirms Defense Judgment in LLC Members' Claim for Breach of Fiduciary Duty

In Jarboe v. Moore, two LLC members sued each other for alleged breaches of fiduciary duties and fraud. The members tried their cases to a judge, who denied relief to both sides. The Indiana Court of Appeals affirmed and...more

Indiana Court of Appeals Invalidates Trust for Failure to Identify Trust Beneficiary

Recently, the Indiana Court of Appeals decided the case of Wilson v. Wilson. The case involved the last will and testament (“Will”) of decedent Terrel Wilson, Sr. (“Terrel Sr.”), which purported to create a trust....more

Where’s the Will? Indiana Court of Appeals Reverses Trial Court’s Presumption of Revocation for Lost Will

Background - Recently, the Indiana Court of Appeals decided the case of Trowbridge v. Estate of Trowbridge. The case involved a man, Everett, who, despite their divorce, remained on good terms with his ex-wife, Christal....more

Indiana Court of Appeals Saves Will Contest From “Draconian” Dismissal

When a will contest was filed in the wrong court, the trial court dismissed it with prejudice for failure to state a claim. However, the Indiana Court of Appeals reversed and reinstated the complaint, reasoning that it would...more

9/11/2019  /  Appeals , Motion to Dismiss , Probate , Wills

Indiana Court of Appeals Opinion Reminds Trustees to Be Transparent and Careful in Accountings

When more than $250,000 was missing from a final trust and estate accounting, a beneficiary objected. But the trial court approved the accounting and closed the estate. A unanimous panel of the Indiana Court of Appeals...more

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