Legal Opinion

Michael R. Pilkington v. Karen A. Pilkington

Indiana Court of Appeals

Decided March 2, 2017No. Court of Appeals Case 18A02-1605-PL-1086PublishedCited by 2 opinions

1Opinion of the CourtShepard, Senior Judge

Michael Pilkington sued his stepmother, alleging she breached her duties as trustee of a trust created by her late husband, Michael’s father. The trial court dismissed the complaint with prejudice for lack of subject matter jurisdiction. We conclude that the court has authority to adjudicate Michael’s complaint, and reverse.

Pacts and Procedural History

Flannan and Karen Pilkington were married until Plannan’s death in 2006. At the time of his death, Flannan, Karen, Michael, and Patrick each owned percentage interests in five limited liability corporations that held real property. Flannan’s…

2Cases cited16 opinions

  1. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  2. Marshall v. MarshallSupreme Court of the United States · 2006
  3. GKN Co. v. MagnessIndiana Supreme Court · 2001
  4. Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome ParksCourt of Appeals for the Ninth Circuit · 1987
  5. State Ex Rel. Young v. Noble Circuit CourtIndiana Supreme Court · 1975

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3Cited by2 opinions

  1. Michael R. Pilkington v. Karen A. PilkingtonIndiana Supreme Court · 2017
  2. New London v. SpeerConnecticut Appellate Court · 2024

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