Whitehead v. Myers (Eviction Appeal)

17. Whitehead v. Myers (Eviction Appeal)

**Citation:** Court of Appeals Case No. 25A-EV-2320 (Ind. App. Feb. 4, 2026), 2026 WL 294711

Relevant Facts

• Mavis Whitehead was the mother of six children, including Brenda Myers and John Whitehead.

• In February 2024, Mavis executed a will naming John as personal representative and leaving her residence to John; this will disinherited Brenda.

• In September 2024, Mavis executed a general, durable power of attorney granting Brenda full authority to manage finances, property, healthcare, and specifically to create trusts and transfer property into them.

• In February 2025, Brenda created The Mavis L. Whitehead Trust on Mavis's behalf with Brenda as trustee, and transferred the Premises into the Trust via quitclaim deed.

• Mavis died on March 8, 2025.

• John petitioned to probate the 2024 Will, and the court appointed him as personal representative.

• In June 2025, Brenda filed an eviction action against John.

Legal Issues

Whether Brenda had standing to bring the eviction action; whether John could challenge the Trust's validity through eviction proceedings without complying with Indiana's trust contestation statutes.

Decision by the Court

The Indiana Court of Appeals affirmed. The eviction order was upheld, the denial of Rule 60(B) motions affirmed, and the award of attorney's fees affirmed.

Reasons for the Decision

The Trust granted Brenda all powers enumerated in Indiana Code § 30-4-3-3, including the power to manage real property and evict occupants. To contest trust validity, Indiana Code § 30-4-6-14 requires filing a judicial proceeding within 90 days of receiving notice or 3 years after the settlor's death. John failed to comply with these statutory requirements. The POA clearly authorized Brenda to create trusts and transfer property.