Estate - The Indiana Lawyer

Kissel & Snellenbarger: A once-in-a-decade estate-planning opportunity

May 27, 2020

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

May 26, 2020 | Olivia Covington

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

May 14, 2020 | Katie Stancombe

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

May 13, 2020 | From IndyBar

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

May 5, 2020 | IL Staff

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

May 4, 2020 | IL Staff

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

April 16, 2020 | Katie Stancombe

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

April 7, 2020 | IL Staff

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

April 7, 2020 | IL Staff

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

March 24, 2020 | Katie Stancombe

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

February 24, 2020 | Katie Stancombe

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.

Stafford: Attorneys, heal thy profession: Answer victims’ calls for help

February 19, 2020 | Dave Stafford

One of the saddest parts of my job is when a victim of an unscrupulous lawyer calls, asking in exasperation, “Is there anything that can be done about this?” The very saddest part is the realization that, deep down, the caller already knows the answer is no, or next to no. The legal profession has no contingency when one of its own who swore an oath goes rogue and steals from vulnerable clients. This must change.

COA affirms for grandchildren in trust property distribution dispute

January 13, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.

Elkhart family files negligence lawsuit in mother’s death

December 24, 2019 | Associated Press

The children of a woman who was fatally shot by a fellow resident of a northern Indiana apartment complex are suing the apartment’s management company, alleging that it failed to protect their mother from the gunman despite knowing of his “peculiar and abhorrent behavior.”

COA tosses jury verdict in Kokomo land-taking case, slashes damages

December 18, 2019 | Dave Stafford

A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.

Husband wins remand over asset division in divorce case

November 27, 2019 | Olivia Covington

A husband who disagreed with the division of assets in his divorce case has won partial victory and a remand from the Indiana Court of Appeals.

COA: Trustee breached duties by cheaply selling property, paying herself

November 15, 2019 | Katie Stancombe

The Indiana Court of Appeals affirmed Friday that a woman breached her duties as a trustee after she sold several real estate properties from a living trust for less than their fair market value and then paid herself.

What’s the next step? The nuances of business succession planning

October 16, 2019 | Olivia Covington

Indiana estate planning and business succession attorneys say often, business owners don’t like to think about what might happen to their company if they were no longer able to run it. This is also true nationwide, with Forbes reporting that 30% of businesses don’t have a formal estate plan in place.

Moore: Premortem validation could help avert will, estate contests

October 16, 2019

Premortem validation may be a useful tool for any testator or settlor who suspects her will or trust will be challenged after her death. By implementing the premortem validation procedures, the testator or settlor can ensure a contest action will be brought while she is alive to defend her capacity and likely deter a meritless challenge.

Reconstituted probate code commission goes to work

October 16, 2019 | Marilyn Odendahl

When the Probate Code Study Commission convened for its first meeting Aug. 12, it marked the return of a process meant to help Indiana legislators understand the often complex and intertwined issues regarding wills, estates, trusts, guardianships and other probate matters.

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