In Re Estate of Rickert

I respectfully dissent. At the outset, however, I wish to emphasize that I am highly sympathetic to the result reached by the majority. If we were writing on a blank slate I would agree with that result. We are not writing on a blank slate. As an intermediate appellate court, we must follow precedent set by our supreme court, even if we do not agree with it. See Horn v. Hendrickson, 824 N.E.2d 690, 694-95 (Ind.Ct.App.2005). That said, I simply am *839convinced that our supreme court's Banko decision is binding precedent we must follow.

Banko unequivocally states, "The legislative enactment of the…