Appellate court declines to issue ‘advisory’ opinion in estate dispute
The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.
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Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
COA: Guardian can deposit check but not exercise estate planning
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
Bill giving guardians authority over final dispositions gets House support after Senate debate
A bill to extend the duties of guardians when an incapacitated adult dies was much better received in an Indiana House committee Tuesday than when the bill was introduced in the Senate.
Appellate panel reverses, reinstates grandson’s will contest
A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.
Justices vacate judge’s recent orders in case alleging law firm estate theft
The Indiana Supreme Court on Friday vacated orders of a trial court judge in a case involving a former law firm’s alleged theft from an estate. The case brought by a Jasper County charity that claims it was defrauded of a bequest is proceeding before a new judge.
Agreement could free LOVE sculptor Robert Indiana’s estate from lawsuit
A New York-based copyright holder that sued the late Hoosier artist Robert Indiana a day before his death has reached a settlement with his estate and the foundation set up to transform the artist’s home into museum.
Bill giving adult guardians authority over final dispositions advances, but with concerns
A bill that would give adult guardians a say in the final disposition of their wards is headed to the full Senate, but a narrow vote in committee likely means the legislation will see further amendments.
7th Circuit certifies 2 med-mal questions to Indiana Supreme Court
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.
Justices in tug-of-war over judge in suit accusing ex-lawyer of estate theft
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.
Ex-lawyer accused of stealing from estate scrutinized for land deals
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.
Former lawmaker resigns from legal profession amid discipline case
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.
Supreme Court amends trial procedure rules
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.
Guardians seek changes to assist in final arrangements
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?
IndyBar: Attorneys Deliver Peace of Mind During Free Wills Clinic
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.
Creating a ‘dynasty’: Probate proposal could amend Indiana Rule Against Perpetuities in trust laws
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.
COA ruling gives Dead Man’s Statute longer reach
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.
Boldt: Go with the flowchart to show the course for estate plans
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.