No More Compromise: Indiana Supreme Court Closes Door to Pre-Mortem Settlement Agreements, Leaves Open Window

On June 19, the Indiana Supreme Court decided In the Matter of the Supervised Estate of Kent v. Kerr, rejecting a pre-mortem settlement agreement the Court of Appeals had unanimously validated last year.

The Indiana Supreme Court applied judicial statutory interpretation rules to the Compromise Chapter, which it determined was “ambiguous” as to whether it could apply to pre-mortem contracts because of its usage of the words “decedent” and “probate.” The Kerr decision closes the door to pre-mortem settlement agreements under Indiana’s Probate Code, but it leaves open the possibility of upholding such an agreement under general contract principles.

See Sarah Jenkins, Jason M. Rauch, No More Compromise: Indiana Supreme Court Closes Door to Pre-Mortem Settlement Agreements, Leaves Open Window, FaegreBD.com, July 3, 2018.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.