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IBA: Pro Bono Standing Committee Expands Low Asset Will Program for 2013

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By Sara B. Valenzuela, Kiefer & Valenzuela LLP

Amy is a 46-year-old single mother. She and her 10-year-old son Ben live in a modest home. Amy makes $34,000 a year as an administrative assistant. After years of dealing with her husband’s substance abuse, Amy discovered he was having an affair. She filed for divorce and obtained primary custody of Ben. Amy receives child support of $600 a month. After taxes and deductions, including the child support, Amy and Ben live off of $2,147 a month. Ben has medical needs that sometimes require expensive prescriptions, and some months Amy does not have enough money to buy all the groceries she needs. With routine home repairs and periodic car repairs, Amy is unable to save any money for the future.

Amy is greatly concerned about what would happen to Ben if she were to die. Amy has some equity in her home and a small 401(k) balance with her current employer. Amy cannot afford the advice of an attorney or to have her will and final directives formalized. She is just one example of thousands of individuals and families in the Indianapolis area who work hard to make ends meet but put off making end of life planning decisions because of the cost.

Luckily for Amy, the Indianapolis Bar Association offers a Low Asset Will Program, which is made possible through the generosity of the Indianapolis Bar Foundation. The Low Asset Will Program is designed to help as many of these individuals as possible. Every January through March, individuals apply and, based upon income, assets and home equity, are financially qualified and matched with an IndyBar volunteer attorney to draft and execute a will and advance directives pro bono.

This program makes a difference in people’s lives and it is important to our community. When asked about his involvement in the Low Asset Wills Program, long-time volunteer attorney Preston Ray of Cummins Inc. said, “Many times I’ve seen how much people appreciate being able to meet one on one with a volunteer attorney to get their affairs in order. It is a real and tangible benefit to people. Personally, I have benefitted as well, getting to meet people I would not otherwise get to meet.” When asked to share an experience, Mr. Ray said, “One story in particular comes to mind. I meet with a couple who had been married for more than 50 years and one of them got tears in their eyes as we sat in their living room and they contemplated life without the other. I thought to myself, they are rich even though they may not have a lot of assets.”

New for 2013 is a Modest Means component of the program. In years past, applicants like Amy who did not meet the criteria were turned away and their needs likely unmet. The Modest Means component will allow individuals and families with higher but still modest financial thresholds to be matched with an attorney. Low Asset Wills volunteer attorney Lea Ellingwood of the Indiana Horse Racing Commission notes, “Including a modest means component gets to the real program objective. It makes the program more attractive to attorneys in that we would be able to help a wider base of people.”

Attorneys providing services to clients at the Modest Means level will provide a free consultation and charge no more than $75 per hour for their work. Attorneys are allowed to charge less if they so desire, and all attorneys taking a modest means case must also be willing to take one case on a pro bono basis. The Indianapolis Bar Association’s Pro Bono Standing Committee is excited to provide this option in order to address the growing need in this important area of the law.

If you are of the mindset that everyone needs to have a will and final directives regardless of the ability to pay, then please volunteer for this worthwhile program. IndyBar member attorneys need only contact Caren Chopp at (317) 269-2000 or via email at cchopp@indybar.org, in order to volunteer. When you are matched with a qualified client, you will be notified by email and provided client information and form templates to use. It will be up to the applicant to contact you. If you choose to accept a Modest Means case, you will be required to assist one client on a pro bono basis as well. Thank you for considering volunteering for this worth-while program.•

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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