Reversing trial court’s grant of MSJ and separate denial of MSJ to opposing party RE probate of will

To access case, press here

Marlene Decker appeals the trial court’s grant of summary judgment to her siblings, Kathleen Kleeman, Dennis Avery, Linda Hall, and Diana Cornell (collectively, “the Siblings”), and to the Estate of Frances L. Helbling, by its administrator, David Zengler (“the Estate”). Decker raises one issue, which we revise and restate as whether the trial court erred by granting the motion for summary judgment filed by the Siblings and the Estate and by denying Decker’s motion for summary judgment. On cross appeal, the Siblings and the Estate raise one issue, which we revise and restate as whether the trial court abused its discretion by striking certain affidavits.
Conclusion (slip op. at 12):  We reverse the trial court’s grant of the motion for summary judgment filed by the Siblings and the Estate and the trial court’s denial of Decker’s motion for summary judgment and remand for proceedings consistent with this opinion.  Reversed and remanded. 
 

Key Analysis (slip op. at 9, 10):  Because affidavits in support of summary judgment must be made on personal knowledge, it is not enough for Cornell to assert that he was “aware of” alleged facts . . . The Siblings and the Estate have produced no evidence that, at the time Helbling and Decker created the joint accounts, Helbling did not intend for Decker to have a right of survivorship, or that Helbling’s intent later changed and she notified the financial institution in writing to this effect. Accordingly, there is no genuine issue of material fact about these issues.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s