December 29, 2011
IL StaffThe Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing
to contest a settlement agreement.
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December 13, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors
could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
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December 7, 2011
Jennifer NelsonEven though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition
for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.
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December 2, 2011
IL StaffAttorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national
organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.
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November 17, 2011
Michael HoskinsThe Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have
jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more
than $2 billion.
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October 10, 2011
Jennifer NelsonThe Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items
at its meeting, including the unauthorized practice of law.
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September 23, 2011
Jenny MontgomeryThe Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed
to monitor an estate checking account while serving as the estate’s counsel.
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August 31, 2011
Jenny MontgomeryThe non-profit American Pet Products Association estimates that this year, Americans will spend $50.84 billion on their pets
– not surprising, considering the ever-increasing variety of treats, toys, and services for animals. But what happens
to these pampered pets after their owners die? Are they consigned to a life of off-brand food? Forced to take up residence
in a cramped kennel?
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August 31, 2011
Michael HoskinsA recent Indiana Court of Appeals decision offers guidance to those working in trust and estate matters regarding how long
a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries when a dispute
exists over the amount that will be received.
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July 20, 2011
Michael HoskinsThe plaintiffs' lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.
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June 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the
trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory
damages and attorney fees.
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May 11, 2011
Jenny MontgomeryBorn between 1946 and 1964, baby boomers are not like generations that came before them with regard to estate-planning needs.
Many of them are living longer and will be working longer – some by choice and others because the value of their retirement
accounts has plunged in recent years. As they look toward their future, the boomers’ top concerns are asset protection
and paying for long-term care, although each person may have a different approach about how to accomplish those goals.
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April 18, 2011
IBJ StaffThe Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that
removed her as interim trustee of her late husband’s $2 billion estate.
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February 16, 2011
Cory SchoutenThe Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal
dispute over the mall magnate's more than $2 billion estate.
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February 9, 2011
Jennifer NelsonJudge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed
the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a
deceased woman’s brother on an annuity contract.
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January 25, 2011
Michael HoskinsA Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court
last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys
estimate could be $10 million to $20 million in damages.
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January 25, 2011
Jennifer Nelson
The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought
by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance
policy.
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January 5, 2011
Michael HoskinsNew tax changes went into effect Jan. 1 that include a 35 percent estate tax rate as well as a $5 million per person and $10
million per couple exemption.
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December 22, 2010
Michael HoskinsThe Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice
of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
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December 16, 2010
Cory SchoutenA Hamilton County judge has ordered Bren Simon removed as personal representative and interim trustee over her late husband's
estate, replacing her with a retired justice of the Indiana Supreme Court.
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December 8, 2010
Jennifer NelsonA probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed
the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
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December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
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December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
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November 24, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected
to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide
the standard of review in this type of challenge.
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November 24, 2010
Michael HoskinsThese days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.