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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 22 2009, 10:35 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JERRY D. ALTMAN Monticello, Indiana

IN THE COURT OF APPEALS OF INDIANA
IN THE MATTER OF THE ESTATE OF DENNIS J. ALBRECHT, DECEASED, CORY J. ALBRECHT, Appellant-Plaintiff, vs. JOAN M. BENDEL, Appellee-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 66A03-0906-CV-260

APPEAL FROM THE PULASKI CIRCUIT COURT The Honorable Michael Anthony Shurn, Judge Cause No. 66C01-0807-EU-13

December 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

VAIDIK, Judge

Case Summary Cory J. Albrecht appeals the trial court's grant of Joan M. Bendel's motion to strike Cory's purported pleadings contesting his father's will. Specifically, Cory

contends that he filed his will contest in accordance with Indiana Code sections 29-1-717 and -18, and therefore the trial court wrongfully found that his action was not appropriately filed. Finding that Cory failed to furnish a summons to the clerk within the limitations period and thus failed to file his will contest in accordance with the Indiana Code, and further finding that Cory suffered no prejudice as Joan filed her motion to strike well beyond the limitations period in which he could appropriately file a will contest, we affirm. Facts and Procedural History On July 1, 2008, the trial court admitted Dennis J. Albrecht's will to probate in response to Joan's petition for probate of Dennis's will without administration. On September 28, 2008, Cory's attorney filed his appearance, which included a certificate of service showing service on Joan's attorney. The next day, Cory filed a complaint to contest his father's will, paid the filing fee, but did not furnish a summons to the clerk. On September 30, 2008, Cory filed a bond in accordance with Indiana Code section 29-17-19. No certificate of service was included on either the complaint or the bond. On February 23, 2009, Joan filed a motion to strike Cory's purported pleadings under Indiana Trial Rule 12(F). At the hearing on the motion to strike, the following exchange occurred: THE COURT: I was looking at uh

Download Estate of Albrecht; Cory J. Albrecht v. Joan M. Bendel.pdf

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