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Estate of Rupley v. Rupley

Court of Appeals of Indiana

June 25, 2014

IN RE THE ESTATE OF RUTH M. RUPLEY, CHARLES A. RUPLEY, Appellant-Respondent,
v.
MICHAEL L. RUPLEY, Appellee-Petitioner

APPEAL FROM THE ST. JOSEPH CIRCUIT COURT. The Honorable Michael G. Gotsch, Sr., Judge. Cause No. 71C01-0903-ES-6.

ATTORNEY FOR APPELLANT: CHARLES W. LAHEY, South Bend, Indiana.

ATTORNEYS FOR APPELLEE: M. PATRICIA HACKETT, SCOTT A. LOITZ, PETER A. TIMLER, Hackett & Associates, P.C., South Bend, Indiana.

VAIDIK, C.J., concurs. RILEY, J., concurs in part and dissents in part with separate opinion.

Page 901

OPINION

MAY, Judge

Charles A. Rupley appeals the trial court's order concluding the balance of a promissory note executed by Charles and his mother, Ruth Rupley, is an asset of Ruth's Estate. As it was not, we reverse.

FACTS AND PROCEDURAL HISTORY

In March 2006, Charles and Ruth executed a promissory note:

Charles A. Rupley borrowed $72,500 from Ruth M. Rupley on March 22, 2006. The interest rate is 5. for this note. The note is payable on death to Charles A Rupley.
[Signed by Ruth M. Rupley]
I promise to pay Ruth M. Rupley the sum of $72,500 together with interest at the rate of % per annum. Principal and accrued interest if not sooner paid shall be due and payable on demand or on the death of the either Ruth M. Rupley or Charles A. Rupley, dated March 22, 2006.
[Signed by Charles A. Rupley]

Appellant's App. p. 12.

Ruth died in October 2008. Her will designated Charles and his brother Michael as co-personal representatives. In March 2009, Charles and Michael filed a petition to probate the will. Shortly thereafter, Michael filed a petition to remove Charles as co-personal representative of the estate. In June 2010, the trial court granted ...


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