The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
Nearly eight months after the Indiana Supreme Court accepted the resignation of a one-time northern Indiana judge and former lawyer accused of stealing hundreds of thousands of dollars from a widow client’s estate, justices now are being asked to remove the judge hearing a related civil lawsuit.
A one-time northern Indiana judge and lawyer who resigned amid a disciplinary case alleging he and his law firm stole hundreds of thousands of dollars from a widow client’s estate may have used ill-gotten money to pay down his home mortgage, a court filing suggests.
A self-described “eclectic” one-time state legislator from Muncie has resigned from the practice of law under pressure, ending a disciplinary case lodged against him that alleged he bungled an estate case, committed a “criminal act” and repeatedly dodged court hearings.
Amendments have been made to Indiana Rules of Trial Procedure regarding child paternity cases, as well as e-filing processes and procedures for filing probate and guardianship cases, according to an order from the Indiana Supreme Court.
A guardianship task force has recommended that the Indiana Legislature amend state statute to give guardians authority over dispositions if necessary. While the concept received general support in a recent meeting of the Probate Code Study Commission, the question remained: how do you balance the authority of a guardian with that of another party, such as a POA?
For years, IndyBar attorneys have helped community members living in poverty to safeguard their futures through the IndyBar’s Free Wills Clinics. This year, IndyBar volunteers (safely) set up at the Indiana Veterans Center to draft wills and advance directives for Indianapolis citizens at no cost.
Currently, assets in an Indiana legacy trust must vest within 90 years, covering a few generations of heirs. But a proposal before the Probate Code Study Commission would quadruple that time to 360 years, allowing for the creation of Hoosier “dynasty trusts” for the first time.
Under the Indiana Dead Man’s Statute, the deceased can tell no tales, but a recent decision by the state’s Court of Appeals has created uncertainty over when the survivors can speak, particularly where it concerns trusts.
A helpful tool to simplify complex scenarios for clients is the use of visual aids or flowcharts to demonstrate key portions of a will or trust. Particularly in a trust instrument, a diagram of how assets flow is often very helpful to clients and helps them understand things simply.
The stakes have been raised in a lawsuit against a former northern Indiana judge and an employee of his law office accused of swindling the estate of a deceased client whose will bequeathed more than $700,000 to local charities — money the charities say they never received.
Rulings on motions to dismiss a lawsuit brought by the Indiana Family and Social Services Administration and other entities against a now-deceased woman in a transfer penalty dispute were partially reversed Thursday by the Indiana Court of Appeals.
The Indiana Court of Appeals has reversed the denial of an estate’s motion to compel arbitration against a nursing facility after concluding that the Indiana Medical Malpractice Act does not apply in the case.
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.
The Indiana Court of Appeals on Monday affirmed judgment in favor of the owner of a Clarksville dinner theater in a negligence suit filed by an elderly woman who broke her hip at the theater.
The original will at the center of a six-figure estate fraud case is missing, according to recent court filings in a civil lawsuit. Charities alleging the law firm that handled the estate absconded with the money also have subpoenaed the Indiana Supreme Court Disciplinary Commission for records in the related ethics case that led to the recent resignation of attorney and one-time judge Robert Monfort.
Most people don’t want to think of their own mortality or the possibility that they may become incapacitated and incapable of expressing their health care wishes. Having an estate plan as well as a plan in place for end-of-life decisions will provide peace of mind for you and your family.
A court order appointing a special prosecutor in an estate theft case was overruled Wednesday by the Indiana Court of Appeals, which found that despite a deputy’s apparent conflict of interest with the defendant, the entire prosecutor’s office did not need to be disqualified.
The Indiana Court of Appeals has reversed in part a verdict against a widow in a family dispute stemming from her diversion of $8 million of her late-husband’s trust assets that effectively disinherited his son.
An ex-Indiana judge whose former law office is accused of stealing hundreds of thousands of dollars from an estate he established that was meant to go to charity has been sanctioned — as has his defense attorney — after a judge ruled they made false statements and attempted to mislead the court in the charity’s civil lawsuit.