MAINSOURCE BANK v. IN THE MATTER OF ESTATE OF HERMANN

No. 16A05-0505-CV-244.

843 N.E.2d 69 (2006)

MAINSOURCE BANK, Appellant-Petitioner, v. In the Matter of the Unsupervised ESTATE OF Nicholas R. HERMANN, Deceased, Eva Hermann, Appellee-Respondent.

Court of Appeals of Indiana.

February 28, 2006.


Attorney(s) appearing for the Case

Matthew D. Bailey, Greensburg, for Appellant.

Don Hubert Wickens, Wickens & Wickens, Greensburg, for Estate of Nicholas Hermann.

Frank I. Hamilton, Jr., Hamilton & Tebbe Law Office, P.C., Greensburg, for Eva Hermann.


OPINION

MAY, Judge.

MainSource Bank appeals the trial court's decision to exclude real estate owned by Eva Hermann ("Eva") and her husband, Nicholas Hermann ("Nicholas"), as tenants by the entireties, from Nicholas' estate. Mainsource raises one issue, which we restate as whether the trial court erred in declining to apply the doctrine of equitable election. We affirm.

FACTS AND PROCEDURAL HISTORY

On January 18, 1994, Nicholas executed...

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