Estate of Calcutt v. Calcutt

SHARPNACK, Judge.

The estate of Marilyn (Hinkle) Calcutt appeals from a summary judgment awarding her surviving spouse, Billy Caleutt, both the statutory survivor's allowance of $8,500 and the refund of an overpayment of $8,344.02 by Billy Caleutt's insurer for medical care provided to Marilyn Calcutt. We affirm.

The estate claims the trial court erred:(1) By concluding that no genuine issue of material fact existed with regard to Billy's claim for the surviving spouse's allowance pursuant to Ind.Code § 29-1-4-1;(2) By concluding that no genuine issue of material fact existed with regard to…