Barbara A. Shirley v. Donna Jent (mem. dec.)
88A05-1703-ES-508
| Ind. Ct. App. | Nov 15, 2017Background
- Barbara Shirley was appointed personal representative of her son Doug Bieghler’s estate in July 2015; the court initially allowed unsupervised administration but revoked that status in November 2015 and transferred the matter to a supervised estate docket.
- Multiple claims were filed against the estate by claimant Donna Jent (several claims including money and a claim for half the net estate); Jent later amended to assert a wage/partnership claim seeking one-half the net distributable estate.
- Shirley filed motions and an October 17, 2016 final accounting reporting sale of personal property at public auction and distributions leaving cash balances and real property split between Shirley and the decedent’s brother.
- Evidence at the January 23, 2017 hearing included an inventory/valuation list by James Moon and auction settlement papers; testimony suggested numerous items listed by Moon did not sell at the auction and that some assets (real property, crop income, bank accounts) were not fully reflected in Shirley’s accounting.
- Jent filed a petition to remove Shirley alleging failure to account for assets, improper disposition of property, failure to inventory, and failure to address claims; after a hearing the trial court removed Shirley and appointed a special personal representative.
Issues
| Issue | Plaintiff's Argument (Jent) | Defendant's Argument (Shirley) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in removing Shirley as personal representative | Shirley mismanaged the estate: failed to inventory and account for assets, disposed of property without adequate compensation, and failed to resolve Jent’s claim | Shirley accounted for the estate: property sold at public auction, estate solvent, she paid claims except Jent’s; unsupervised estate not required to file court accounting | Court affirmed removal—trial court did not abuse discretion given evidentiary gaps in Shirley’s accounting and unresolved/unsold assets |
Key Cases Cited
- Hauck v. Second Nat. Bank of Richmond, 286 N.E.2d 852 (Ind. Ct. App. 1972) (probate courts have broad discretion in appointment and removal of administrators)
- Helm v. Odle, 157 N.E.2d 584 (Ind. App. 1959) (recognizing limited appellate interference with probate removal decisions)
- In re Bender, 844 N.E.2d 170 (Ind. Ct. App. 2006) (personal representative is trustee for benefit of creditors and distributees)
- Estate of Daniels ex rel. Mercer v. Bryan, 856 N.E.2d 763 (Ind. Ct. App. 2006) (personal representative has duty to protect and preserve estate assets)