Divided justices order new trial in wrongful death suit involving unwilling juror
Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.
Estate
Articles
COA affirms for daughters against late father’s wife in will dispute
Two daughters who claimed their father was of unsound mind when he executed a purported will and that his new wife tortiously interfered with their inheritance won a judgment against her from the Indiana Court of Appeals.
Fishers attorney gets stayed suspension, JLAP monitoring, over misconduct in 2 cases
A Fishers attorney has agreed to a stayed suspension in an attorney misconduct case, acknowledging he charged unreasonable fees and failed to act with reasonable diligence and promptness in two cases in which former clients filed grievances against him.
COA again reverses for ex-wife in dispute over late husband’s will
An Indiana Court of Appeals panel has again reversed for a woman who claimed her ex-husband did not die intestate, holding that a probate court did not engage in the proper analysis to determine whether she rebutted whether the man destroyed his will with the intent to revoke it.
Former judge accused of defrauding estates resigns from bar
A one-time northern Indiana trial court judge who is accused in lawsuits of taking money from two estates in cases he represented has resigned from the Indiana bar rather than face disciplinary proceedings related to his misconduct.
7th Circuit vacates dismissal of son’s federal estate dispute over father’s death
The 7th Circuit Court of Appeals has vacated dismissal of a federal estate lawsuit and remanded a case brought by a Bartholomew County man who claims his father’s wife and her children murdered his father.
Supreme Court expands trial court tolling amid COVID-19 backlog
The Indiana Supreme Court is taking steps to help trial courts handle the coming backlog of cases, extending certain emergency operations due to the COVID-19 public health emergency through as late as January 2021.
COA affirms trial court in siblings’ estate squabble
The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.
Retzner & Nichols: Estate planning with retirement assets and the SECURE Act
The Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”) was enacted on December 20, 2019. The SECURE Act dramatically changes how an individual should structure his or her estate plan if there are qualified retirement accounts involved.
Kissel & Snellenbarger: A once-in-a-decade estate-planning opportunity
We are almost halfway through 2020 and have seen the stock market fall, rally and fall again. We have been trapped in our houses unable to help our unstable economy, attempting to find new hobbies to pass the time and, of course, practicing social distancing. The silver lining to this pandemic is that it has provided an opportunity for us to better ourselves, and with falling interest rates, transfer our clients’ wealth to the next generation.
Life and death decisions: Pandemic increases focus on estate planning, health care advance directives
The coronavirus pandemic seems to be the push many people needed. Most clients, estate planning lawyers say, tend to put off preparing their documents, usually believing that they still have time. But with the continuance of the COVID-19 pandemic and the daily coverage of case counts and death tolls, attitudes have changed.
Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit
The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.
IndyBar: New Free Estate Planning Document Review Service Available for IndyBar Members
The COVID-19 public health crisis has caused many people to reconsider their estate planning in light of scenarios that may have previously been unthinkable.
Supreme Court extends will-witnessing order due to COVID-19
An Indiana Supreme Court order relating to probate and estate planning documents executed during the health crisis posed by COVID-19 will remain in effect until the health emergency is over, the high court announced Friday.
Longtime KDDK partner John E. Hegeman dies
Longtime partner John E. Hegeman of Kahn, Dees, Donovan & Kahn in Evansville died Friday at Walnut Creek Center, the firm announced Saturday.
Indy law firm not responsible for attorney fees in contentious estate case
No abuse of discretion occurred in allowing an Indianapolis law firm to recover fees in a heated estate dispute, the Indiana Court of Appeals ruled Thursday. Neither was there an abuse of discretion in failing to declare the law firm responsible for attorney fees stemming from the filing of what an estranged wife called a meritless petition.
New IndyBar Foundation program to pay lawyers to provide legal aid
The Indianapolis Bar Foundation has implemented a new program in response to the novel coronavirus pandemic to put dollars in the pockets of young lawyers while continuing to provide free legal services to the public.
Allen County Bar preparing for uptick in need
On a typical Tuesday, the Allen County Bar Association’s legal help line gets 40 to 60 calls, but the organization is bracing for an increase as the coronavirus crisis worsens.
Denial of widow’s claim against revocable trust affirmed
A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.
Deceased inmate’s estate case against DOC reinstated on appeal
The estate of an inmate who died in the Indiana Department of Corrections from complications arising from lupus and a blood clotting disorder had its case reinstated Monday against the DOC and its medical services contractor.