Indiana lawmakers are returning to the Statehouse this month to begin meeting in their interim study committees, but one group that won’t be gathering is the Interim Study Committee on Courts and the Judiciary.
‘Supercharged’: Lewis Wagner combination designed to bolster firm’s probate practice
Attorneys at Hewitt Law & Mediation have combined with Lewis Wagner, effective March 1.Read More
Have you advised your clients about what will happen to their Twitter or Instagram accounts after they die?
To make administration go smoothly, it is still important to consider disposing of tangible personal property as part of the overall estate plan and not simply “gloss over” those provisions.
For uncounted numbers of older irrevocable trusts that do not grant a limited amendment power to anyone, there is only one trust modification tool that does not require either probate court approval or the consent of beneficiaries: trust decanting.
Adult guardians will soon be part of the statutory scheme for making decisions about disposition of a deceased ward after Indiana Gov. Eric Holcomb signed a bill extending their authority.
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.
The minimum number of court senior judge service days for the upcoming year has been doubled from 15 to 30, and courts are encouraged to use senior judges to assist during the current COVID-19 pandemic, the Indiana Supreme Court announced in a Wednesday order.
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.
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.
A woman who filed a legal malpractice claim in a matter that began more than 20 years ago failed to convince the 7th Circuit Court of Appeals that her complaint over the distribution of a trust was timely.
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.
We return to the scenario presented in a previous article, “Premortem validation could help avert will, estate contests” (Indiana Lawyer, Oct. 16, 2019). Recall that the mother (“mom”) changed her will six months before her death, giving the entire estate to her caregiver-daughter (“daughter”) and leaving nothing for her out-of-town son (“son”). Since Indiana has not yet enacted pre-mortem validation statutes for wills or trusts, daughter and son must argue the validity of the final will in court after mom has passed. This article discusses how the scenario (and a similar one dealing with a revocable trust) might play out under current Indiana law.
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.
The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.
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.
Calling a trial court’s dismissal of a relative’s petition to contest a will “draconian,” the Indiana Court of Appeals on Friday reinstated the petition and sent the case back to Lake County to be heard in the superior rather than circuit court.