- 12 - And, in Johnson v. Johnson, supra at 516, the Indiana Court of Appeals stated as follows: We believe that the legislature did not intend for trial courts to retain jurisdiction over dissolution actions following the death of one of the parties for the purpose of resolving property matters between the parties and their successors in interest. The property settlement is part and parcel of a final decree of dissolution. Once the marriage is ended by the death of one of the parties before the judgment is rendered, no final decree can be attained. Without a final decree, there can be no property settlement. * * * [Citation omitted.] Therefore, it follows that any obligation for support of the payee spouse ceases with the death of such spouse. Thus, we think that an Indiana court would hold that Mr. Heckaman’s obligation to make the payments here in issue would have ceased in the event of petitioner’s death because petitioner would not have required any maintenance after her death (or required tuition or life insurance premium reimbursement with respect to any period after her death). The payments therefore are taxable to petitioner pursuant to section 71. To reflect our disposition of the disputed issue, as well as respondent’s concession, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011