COA affirms denial of woman’s lawsuit against lawyers over creation of trust
The Court of Appeals of Indiana tossed a woman’s complaint alleging malpractice and fraud against an attorney and his St. Joseph County law firm.
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Retzner: Transferring Florida real estate: Proceed with caution
The first reaction when confronted with a client owning real estate outside Indiana is to transfer that property into a trust, LLC or other method. However, Florida’s property tax laws may yield a result that could be much worse than ancillary administration.
COA again shuts down daughter’s arguments in trust dispute, orders appellate attorney fees
A longtime legal battle between siblings over their mother’s trust recently made its way back to the Court of Appeals of Indiana, where the sister lost yet again. The appellate court’s ruling also included a warning for the sister’s longtime counsel.
Applegate: Helping your clients select a trustee: What to consider
Creating a trust comes with a crucial decision: choosing the trustee. There are some key things that are important for your clients to consider when determining the right trustee.
Soshnick: Marital property in Indiana: What words to trust?
By Andrew Z. Soshnick The treatment of trust interests as marital property under Indiana law has an underdeveloped and confusing history. The 1973 Indiana Dissolution of Marriage Act and statutory amendments do not directly address the issue of what trust interests are marital property. Likewise, few appellate opinions attempt to clarify when trust interests are […]
COA: Trust invalid due to unclear beneficiaries
A man serving as personal representative of his brother’s estate has failed to convince the Court of Appeals of Indiana that the language in a will left by his deceased brother created a valid trust in his name.
Rauch, Osborn and Roy: Supreme Court says trusts may include marriage restraint provisions
In its recent Rotert v. Stiles opinion, the Indiana Supreme Court honored established principles of statutory interpretation and judicial restraint in deciding that Indiana’s trust code does not prohibit restraints on marriage.
Justices reverse, rule for sister in siblings’ ‘restraint on marriage’ trust dispute
Indiana Supreme Court justices reversed Friday in a dispute between two siblings over a provision in their late mother’s trust regarding her son, holding the provision was not an unlawful restraint on marriage.
‘Restraint on marriage’ trust dispute granted transfer by justices
Indiana Supreme Court justices have granted transfer in a case involving a sibling dispute over their late mother’s trust.
Grandparents indicted for alleged bank fraud charges
Two grandparents, including an Indiana woman, have been indicted for allegedly stealing insurance funds from trust accounts they created for the benefit of their 8-year-old granddaughter after their son’s death.
Supreme Court to hear arguments in classmates’ personal injury damages dispute
The case involved the amount of damages Sydney Renner was entitled to after a 2016 accident that left her with a concussion.
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.
Justices give Indianapolis lawyer probation for account mismanagement
An Indianapolis attorney and real estate broker whose overdrafts of his attorney trust accounts triggered a disciplinary commission investigation received a suspended suspension Thursday subject to at least one year of probation with accountant monitoring.
COA affirms wife must distribute $351K to late husband’s daughter
The wife and personal representative of a man who died in 2018 must provide more than $351,000 she cashed from an account that a trial court ruled belonged to the deceased’s daughter, the Indiana Court of Appeals affirmed Monday.
COA splits in ‘restraint on marriage’ trust dispute
A split appellate panel reversed in a trust dispute between siblings on Monday, concluding that the language in their mother’s trust regarding her son was ultimately a restraint on marriage and therefore void.
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.
Olivieri: Indiana directed trusts create vital role for trust director
Prior to 2019, Hoosiers interested in creating a directed trust had to leave the state to do so. Now they do not, and Indiana banks and trust companies have a new product to offer customers and will be able to attract business from other states that still do not allow for directed trusts.
COA reverses in part for widow in family’s trust dispute
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.