RANDALL v. WOODSON (2023)

Court of Appeals of Indiana.

Ronda RANDALL, as Personal Representative of the Estate of Julian M. Roache, and as Personal Representative of the Estate of Joanne F. Roache, Beneficiary of the Julian M. Roache Revocable Living Trust, Appellant-Plaintiff, v. Anita J. WOODSON, individually and in her capacity as Trustee of the Julian M. Roache Revocable Living Trust, Appellee-Defendant.

Court of Appeals Case No. 22A-PL-2830

Decided: September 06, 2023

Attorney for Appellant: H. Kennard Bennett, Schlueter Breman, LLC, Indianapolis, Indiana Attorney for Appellee: Sandy Leviticus Bryant, Indianapolis, Indiana

MEMORANDUM DECISION ON REHEARING

[1] Appellant-Plaintiff, Ronda Randall, seeks rehearing of our June 19, 2023, opinion affirming the trial court's dismissal Order regarding her Complaint against Appellee-Defendant, Anita J. Woodson, in which we concluded that Randall's claims pertaining to the SSA benefits were preempted by federal law. We reaffirm our opinion in substance, but we grant rehearing for the limited purpose of clarifying our opinion in one respect.

[2] As part of our holding, we concluded that as a result of the combined effect of the trial court's dismissal of Randall's claims related to the Trust's assets, claims which Randall did not appeal, and our affirmance of the trial court's dismissal of claims pertaining to Julian's SSA benefits, only those of Randall's claims related to assets which were neither Trust assets nor Julian's SSA benefits may go forward. Therefore, although we express no opinion on the existence or viability of any remaining claims, we clarify that we remand this cause for further proceedings consistent with our June 19, 2023, opinion.

Rehearing Granted

Riley, Judge.

[3] Bradford, J. and Weissmann, J. concur.

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