Wills

Helping to plan for difficult decisions

April 22, 2015
Marilyn Odendahl
Attorney volunteers offered their services during a pro bono clinic at Eskenazi Health in Indianapolis to give patients a little peace of mind.
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Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015
Jennifer Nelson
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
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Thomas: When drafting a will, be as specific as possible

September 10, 2014
To ensure that your client’s property will go to the beneficiaries of his or her choosing, as opposed to the beneficiaries that the state chooses, it is imperative that the last will and testament be very specific and provide for as many contingencies as possible.
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Appeals panel: Trust’s real property bequeath by later writing invalid

July 31, 2014
Dave Stafford
A panel of the Indiana Court of Appeals ruled Thursday that a mother’s specific gift of real property incorporated into trust documents was an invalid method of willing it to heirs.
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Man had 3 months to bring claim to enforce contract, court rules

July 9, 2014
Jennifer Nelson
A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.
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Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014
Jennifer Nelson
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
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COA split on retroactive application of Transfer on Death Property Act

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
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Guarding against undue influence

June 18, 2014
Dave Stafford
Changes in a person’s will and estate plan that vary from equal distribution of assets among heirs, as favored by law, should raise red flags, elder law attorneys say.
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Sisters can’t prove brother unduly influenced mother in crafting estate plan

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
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Judges disagree on when duty to exercise ordinary care extends to beneficiaries

October 15, 2013
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
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Edward Thomas: Tips on determining testamentary capacity

September 11, 2013
Lewis Wagner attorney Edward Thomas discusses in the IL's Estate Planning focus section testamentary capacity and other considerations that go into creating a will.
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Attorneys give hospice patients peace of mind

June 19, 2013
Marilyn Odendahl
Although a will may be described as “simple,” for patients in hospice care having a completed will and knowing their wishes are recorded in a legal document can bring a peace that makes the word “simple” seem like a misnomer.
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Taxed to death no more

May 22, 2013
Dave Stafford
The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.
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COA rules in favor of grandchildren in will dispute

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
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Settlement ends bitter battle over Mel Simon estate

December 12, 2012
Cory Schouten
A bitter battle over the $2 billion estate of the late shopping mall tycoon Melvin Simon has ended with a confidential settlement.
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E-state planning

November 21, 2012
Dave Stafford
Will your Facebook account, online presence and virtual world live on after you? The rise of social media and proliferation of online accounts are posing such real-life questions for lawyers who concentrate in estate planning. But it remains an evolving question how wills, trusts and power of attorney grants will address these and other staples of the Internet age.
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Lawyers to prepare wills for patients and group home residents

June 6, 2012
IL Staff
The Volunteer Lawyer Program of Southwestern Indiana will prepare wills for group home residents and patients of Southwestern Behavioral Healthcare as part of the annual Prepare a Will Project.
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COA reverses trial court in estate case

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
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Third volume of Restatement of Property published

December 2, 2011
IL Staff
Attorneys 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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Judges ask family to end litigation over parents' interments

July 26, 2011
Jennifer Nelson
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
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Judges examine estate case involving will, self-proving clause

July 15, 2011
Michael Hoskins
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
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Court of Appeals dismisses Bren Simon's appeal

April 18, 2011
IBJ Staff
The 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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Judge appoints former justice as trustee over Simon estate

December 16, 2010
Cory Schouten
A 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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Court: Man properly executed will, not under undue influence

August 6, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding undue influence.
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Judge rules against Inlow heirs

July 23, 2010
J.K. Wall
A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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