Tuesday, October 5, 2010

Indiana Appellate Court Upholds Ruling

The Indiana Court of Appeals has upheld a ruling by Bartholomew Superior Court Judge Chris Monroe that Will Miller and Sarla Kalsi acted properly in the handling of the estates of his Miller’s parents, J. Irwin and Xenia Miller.

In their ruling, members of the court dismissed many of the points of contention raised by appellant Hugh Miller, eldest son of J. Irwin and Xenia Miller and Will’s brother.

Hugh Miller had originally charged in a lawsuit that his brother and Kalsi, a long-time advisor to the Miller family, had breached their fiduciary duties and that Will Miller had personally benefited from actions he had taken while handling his mother’s business affairs.

Many of Hugh Miller’s complaints focused on repairs and improvements made on the family properties at 2760 Highland Way and the Irwin Home and Gardens on Fifth Street as well as an estate in Canada.

In that Xenia Miller had become incapacitated in the years following her husband’s death in 2005, the court agreed with Judge Monroe’s rulings that Will Miller and Kalsi as attorneys in fact were acting as they believed Mrs. Miller would have acted had she been able.

Full Article and Source:
Appeals Court Upholds Handling of Miller Estate

2 comments:

Steve said...

I like that last paragraph - that they "acting as they believe Mrs. Miller would have acted had she been able."

This is what's missing with guardianship when third-party strangers are appointed as guardian over family members.

Think Gary Harvey wants to be isolated from his family and friends and spend his last days confined in the hospital like a prisoner? Heck no - and that's why his wife should be his guardian.

Anonymous said...

Well, let's hope the judges are right and that there was no wrongdoing covered up.