PLESKA v. ZAKUTANSKY

No. 3-1282A326.

459 N.E.2d 745 (1984)

Catherine PLESKA, Appellant (Respondent below), v. Michael ZAKUTANSKY, Executor of the Estate of Peter Pleska, Deceased, Anastasia Mandziak, James G. Kallimani, Ceberal [Sic] Palsy of Northwest Indiana, Hoosier Boys Town of Indiana, and University of Notre Dame, Du Lac, Appellees (Petitioners or Interested Parties below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 21, 1984.

Transfer Denied June 5, 1984.


Attorney(s) appearing for the Case

Michael L. Muenich, Hand, Muenich & Wilk, Hammond, for appellant.

James T. Walker, Walker, Fleming, Corbin & Greenberg, P.C., Merrillville, Anthony J. Cefali, Cefali & Cefali, Hobart, for appellee Michael Zakutansky.

Steven A. Kurowski, Merrillville, for appellee Estate of Anastasia Mandziak.

Frank A.J. Stodola, Hammond, for appellee Cerebral Palsy of Northwest Ind. and Hoosier Boys Town of Ind.

Timothy Galvin, Jr., Hammond, for appellee University of Notre Dame, Du Lac.

James G. Kallimani, appellee pro se.


STATON, Presiding Judge.

Catherine Pleska (Catherine) appeals the trial court's determination that the federal estate taxes due on the estate of Peter Pleska (Peter) be apportioned between the probate estate and the non-probate assets which passed to Catherine. On appeal, Catherine raises three issues:

(1) Whether Peter's Will clearly stated that all of the federal estate taxes be paid out of the probate assets...

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