Weitzman v. Fort Wayne National Bank

OPINION

MATTINGLY, Judge

Esther Baldwin Weitzman (Esther) appeals a summary judgment entered in favor of the Fort Wayne National Bank (the Bank) as trustee for the Consolidated Paul R. Weitzman Living Trust (the Trust) and the denial of her own motion for summary judgment. She raises two issues, which we consolidate and restate as whether Paul R. Weitzman’s transfers of his assets to the Trust were made in contemplation of death and with the intent to defeat Esther’s survivor’s allowance and statutory elective share. 1

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

The designated facts…