Opinions June 10, 2024
Indiana Court of Appeals
Regina Geels v. Lindsay Flottemesch, Mackenzi Hatfield, and Stephanie Malinowski as Guardian for Marley Malinowski
23A-PL-2303
Civil plenary. Reverses the Allen Superior Court’s judgment imposing a constructive trust. Finds dispositive and preemption applies and defeats the daughters’ claim for a constructive trust pursuant to Indiana substantive law. Remands with instructions for the trial court to order the Clerk of Allen County to distribute the proceeds of the life insurance policies to Regina Geels. Judge Peter Foley dissents with a separate opinion.