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IN RE MATTER OF COMPTON

No. 66A03-0906-CV-249.

919 N.E.2d 1181 (2010)

In the Matter of the Supervised Administration of the ESTATE OF Stephen Craig COMPTON, Deceased, Gregory D. Compton, Sara J. Compton, and Megan S. Compton, Appellants, v. First National Bank of Monterey, As Personal Representative of the Estate of Stephen Craig Compton, and Scott W. Compton and Angela F. Compton, Appellees.

Court of Appeals of Indiana.

January 19, 2010.

Attorney(s) appearing for the Case

Donald J. Tribbett, Tribbett Law Office, George W. Stephenson, Michael & Stephenson, Logansport, IN, Attorneys for Appellants.

Daniel P. Murphy, Alan F. Hizer, Winamac, IN, Attorneys for Appellee First National Bank of Monterey, As Personal Representative of the Estate of Stephen Craig Compton.

Daniel S. Tankersley, Winamac, IN, Attorney for Appellee Scott W. Compton.

OPINION

VAIDIK, Judge.

Case Summary

In light of the 2005 amendment to Indiana Code section 30-5-9-2(b), the common law presumption of undue influence does not apply to a transaction where the principal takes action, the power of attorney is unused, and the attorney in fact benefits. Here, Stephen Craig Compton and his son Scott W. Compton, who also served as Stephen's attorney in fact, and Scott's wife Angela F. Compton entered

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