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Dixon & Moseley | Attorneys At Law
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  5. Breaking News, What You Need to Know: Indiana Supreme Court Rules Estate Does Not Need Heirs to Pursue Survivorship Damages

Breaking News, What You Need to Know: Indiana Supreme Court Rules Estate Does Not Need Heirs to Pursue Survivorship Damages

On Behalf of Dixon & Moseley, P.C. | Mar 6, 2019 | Appellate Practice, Indiana Court of Appeals, Supreme Court

Anyone who has dealt in the administration of an estate knows the amount of work that goes into it. Whether it be the estate of a recently passed loved one, a family member, or a friend, administration of an estate becomes tough due to the emotions typically involved with the passing of someone close to you. You may find yourself asking what to do? Where do you go for questions? What rights does a deceased individual’s estate continue to have? The Indiana Supreme Court touched on this last question in its recent decision of Estate of Shaner v. Milford1.

In the Estate of Shaner, the Indiana Supreme Court reversed the Court of Appeals, finding that a claim for survivorship damages does indeed survive the death of an individual, regardless of if that individual has heirs. The relevant facts are as follows: David Shaner brought a wrongful death claim against a hospital and doctors following the death of his wife, Laura Shaner. Part of David’s claim of damages was for the loss of consortium. David died shortly thereafter, leaving no will and no heirs to inherit his estate. Following his death, the Defendants filed for partial summary judgment on David’s claim of loss of consortium, arguing that, “because of David’s death, there was no evidence to support a claim for loss of consortium damages.” The Trial Court agreed with the Defendant’s and granted their motion for partial summary judgment. In doing so, the Trial Court relied on the facts that there was no will and there were no heirs, therefore no evidence of loss of consortium could be presented. The Court of Appeals agreed with the Trial Court and upheld the grant of partial summary judgment.

In reversing the Trial Court and the Court of Appeals, the Indiana Supreme Court pointed out the “plain language” of the survivorship statute2. The statute specifically states that a “cause of action survives and may be brought by or against the representative of the deceased party.” As such, the Court found that because the claim does not abate pursuant to the statute, David’s claim could have survived, regardless of the existence of heirs. The Court goes on to note that it was Laura’s estate, not David’s estate, who brought the challenge following David’s death. The Supreme Court was not convinced that Laura’s estate was the proper estate to bring the challenge, implying that it should have been brought by David’s estate. As such, the Court remanded the case back to the trial court level. Thus, skilled estate attorneys knew how to preserve this valuable right, namely David’s loss of consortium, despite having to appeal.

This case highlights the importance of the ever-changing legal landscape in the law. Knowing the status of developments in the law is the key to ensuring your rights are protected, as well as being an engaged citizenry in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who are aware of caselaw developments in their practice areas and handle all areas of probate and estate law across the state, as well as appeals. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A Shaner, Deceased v. Albert Milford, D.O., St. Margaret Mercy Healthcare Centers, Inc., and TRC-Indiana LLC d/b/a Comprehensive Renal Care-Munster d/b/a DaVita, Inc., 19S-CT-97 (Ind. 2019).
  • Ind. Code 34-9-3-1.
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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