First Farmers Bank & Trust v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008)

(plaintiff appointed guardian over estate of elderly person who owned over $5,000,000 of farmland; at time of appointment, bulk of farmland operated under share crop arrangement with unrelated third party which owner and defendant (decedent’s daughter) understood qualified the estate for special use valuation; plaintiff converted lease to cash lease without considering impact on eligibility for special use valuation; owner died and estate’s special use valuation denied by IRS due to failure to meet qualified use test; defendant sued for breach of fiduciary duties as guardian; trial court granted partial summary judgment for defendant; on appeal, court held that defendant’s claim brought within applicable statute of limitations, and defendant had standing to sue; but, genuine issue of material fact remained as to whether existing leasing arrangement qualified the estate for special use valuation before being changed to crop lease; accordingly,  and grant of partial summary judgment for defendant reversed).