In the Matter of the Estate of Samuel L. Tolley, First Merchants Bank, N.A. v. Duane Earl Tolley, and Betty June Tolley

OPINION

BROWN, Judge.

First Merchants Bank, N.A., (“First Merchants”) appeals the trial court’s order granting summary judgment to the Estate of Samuel Tolley (the “Estate”). First Merchants raises one issue which we revise and restate as whether the court erred in granting the Estate’s motion for summary judgment and in denying its motion for summary judgment. We reverse and remand.

FACTS

Samuel Tolley died on November 17, 2010. On December 17, 2010, Betty Tolley and Duane Tolley by their attorney, James Berkshire, filed a petition for appointment of co-personal representatives and for…