Simon v. Simon, 2011 Ind. App. LEXIS 1899

Melvin Simon died in 2009; Bren Simon served as Personal Representative of the Estate and Trustee of the Trust.
In 2009 Melvin’s estate plan was amended, increasing Bren’s inheritance and reducing children’s and charitable allocations.
Deborah Simon filed Estate and Trust disputes in 2010 alleging capacity flaws and undue influence, later consolidated.
SPGLP units held by the Trust could be converted to SPG stock or cash; SPG claimed the Estate Dispute could be a lien on units.
Judge Hughes oversaw the Estate Dispute and Trust Dispute; he prohibited further distributions without court approval after an evidentiary hearing.
On December 1, 2010 Judge Hughes refused Bren’s objection to his presiding, and on December 15, 2010 Bren was removed as Personal Representative and Trustee; Bren then sought certification of an interlocutory appeal, which the court granted, but she had been removed and thus lacked standing to pursue the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to pursue an interlocutory appeal after removal	Bren maintained standing as aggrieved party for appeal	Bren lacked standing once removed; representation ended	Dismissed for lack of standing
Effect of removal on collateral-order appeal against recusal ruling	Bren sought review of denial to disqualify the judge	No standing post-removal; appeal not permissible	Dismissed for lack of jurisdiction

Weiland v. Scheuch, 123 Ind.App. 421, 111 N.E.2d 664 (1953) (standing and aggrieved party status in probate appeals)
Pence v. State, 652 N.E.2d 486 (Ind. 1995) (standing requires an actual injury or interest)
McFarland v. Pierce, 151 Ind. 546, 45 N.E.706 (1897) (definition of ‘aggrieved’ in appeals)
Treacy v. State, 953 N.E.2d 634 (Ind.Ct.App.2011) (Rule 17 and party-of-record requirements on appeal)
In re Estate of Eguia, 917 N.E.2d 166 (Ind.Ct.App.2009) (aggrieved by probate court judgment must have adverse legal interest)