ESTATE OF PRICKETT v. WOMERSLEY

No. 71S03-0808-CV-419.

905 N.E.2d 1008 (2009)

ESTATE OF Margaret H. PRICKETT, Deceased, Appellant (Defendant below), v. Marilyn Prickett WOMERSLEY, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 13, 2009.


Attorney(s) appearing for the Case

Jeffrey P. Smith, David K. Hawk, Fort Wayne, IN, Attorneys for Appellant.

William L. Wilson, Bernard E. Edwards, South Bend, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 71A03-0710-CV-488.

SULLIVAN, Justice.

A woman seeks compensation for the value of her services while caring for her mother when the mother was subject to a guardianship. Indiana law presumes that services by a family member are rendered gratuitously. In this case, the presumption cannot be rebutted by evidence that the mother wanted her daughter to be compensated because the mother was under a...

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