In the Matter of the Supervised Estate of Gary D. Kent, Deceased; John David Kent and Kevin Kent, as Co-Personal…

Summary

The Indiana Supreme Court held that the Probate Code's Compromise Chapter authorizes enforcement only of post-mortem compromises, so the daughter could not use that statutory mechanism to enforce her agreement with her brother made before their father's death. The Court declined to decide whether the brother effectively rescinded the agreement or whether it was enforceable under general contract law because the record was inadequate and the daughter pursued enforcement only under the Compromise Chapter. The Court affirmed the trial court's order except for its alternative rescission finding and remanded for further proceedings; Justice Slaughter, dissenting, would have enforced pre-mortem agreements under the chapter.