In the Matter of the Unsupervised Estate of Orlando C. Lewis, Jr., Orlando Lewis, Sr., Appellant v. Shana Toliver…

Summary

The Indiana Supreme Court affirmed the trial court's decision to reconsider and rescind the decedent's father's appointment as special administrator while the estate matter remained pending. It held that rescission was a reconsideration of a prior ruling rather than a statutory removal, and that the trial court did not abuse its discretion in appointing the children's guardians as successor co-special administrators. The court also advised that courts should provide notice and conduct a hearing before appointing or rescinding a special administrator, although statute and rule do not expressly require those procedures.