Legal Opinion

In Re the Guardianship of E.N.

Indiana Supreme Court

Decided December 12, 2007No. 88S01-0703-CV-121PublishedCited by 20 opinions

1Opinion of the Court

BOEHM, Justice.

We hold that the guardianship estate planning statute does not authorize dispositions of the protected person’s entire estate.

Facts and Procedural History

E.N. married Donna Nolan in 1955. Two children, Shirley and Marvin, were born of the marriage. During his marriage to Donna, E.N. apparently executed two wills, one in 1983 and another in 1992 that poured over into a revocable trust. Both wills and the trust named Donna, Shirley, Marvin, and their children as the beneficiaries.

In 1997, after over forty years of marriage, Donna filed for dissolution and the couple separated.…

2Cases cited4 opinions

  1. Porter Development, LLC v. First National Bank of ValparaisoIndiana Supreme Court · 2007
  2. Hibler v. Conseco, Inc.Indiana Court of Appeals · 2001
  3. Town of Munster v. HluskaIndiana Court of Appeals · 1995
  4. Boone County State Bank v. AndrewsIndiana Court of Appeals · 1983

3Cited by20 opinions

  1. First Farmers Bank & Trust Co. v. WhorleyIndiana Court of Appeals · 2008
  2. In Re Guardianship of PhillipsIndiana Court of Appeals · 2010
  3. Adoption of D.C. v. R.C.Indiana Court of Appeals · 2008
  4. Toomey v. StateIndiana Court of Appeals · 2008
  5. Midwest Psychological Center, Inc. v. Indiana Department of AdministrationIndiana Court of Appeals · 2011

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