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Saturday, August 08, 2009
Ind. Decisions - More on: Interesting probate case in St. Joseph Circuit Court
Updating these earlier ILB entries, Alicia Gallegos reports today in the South Bend Tribune:
A judge has appointed a new administrator to handle the will of Philip Gabriele, in the ongoing dispute surrounding the late doctor's will.St. Joseph Circuit Court Judge Michael G. Gotsch has designated 1st Source Bank to serve as special administrator to the will, thus rescinding the appointment of Susan Manuszak.
Manuszak, the Gabrieles' purported best friend, had originally been listed as executor in Philip Gabriele's will. But the doctor's last testament is now the subject of a lawsuit claiming that Gabriele was under the "undue influence" of Manuszak when he penned the document.
The lawsuit recently filed by Jon Alex Dawson, brother of Marcella Gabriele, alleges that Gabriele's will was improperly executed and attorneys for Dawson argued for a more impartial administrator.
Gabriele and his wife, Marcella, faced a 15-count criminal indictment involving health care fraud, which their company, Gabriele Eye Institute, also was named in.
Hours before the couple were to be arraigned in June, the two were found dead from an apparent murder-suicide in their Elkhart office.
At a recent hearing, Gotsch approved the motion to appoint another administrator and gave each side a week to come up with recommendations for the special administrator position. 1st Source Bank was recommended by several parties in the case.
In addition, Gotsch's order reads that a "special master" also should be appointed in the case due to a succession of complicated case factors including:
"The circumstances of the decedent's death, the legal effect of the decedent's presumed involvement in the death of his wife, the competing interests and claims of the legatees and heirs ... the contest of the legitimacy and effect of the purported will of the decedent, and the potential interest of the United State government in the assets of the estate."
A "special master" is a particular expert assigned in certain cases to assist and oversee the proceedings. In the Gabriele case, Gotsch has appointed Richard B. Urda Jr., who is a local attorney specializing in estate cases, according to court documents.
Because of the uncommon event of a "special master," the Indiana Supreme Court must first review the position and ultimately give their approval.
Posted by Marcia Oddi on August 8, 2009 05:34 PM
Posted to Ind. Trial Ct. Decisions