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.
Trusts
Articles
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
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.
Mineral-rich property transfers void in siblings’ trust dispute
A dispute between step-siblings over profitable real estate did not result in the brother’s favor Friday, when the Indiana Court of Appeals found a trial court did not clearly err in declaring transfers of the property to him as void ab initio.
Stafford: Attorneys, heal thy profession: Answer victims’ calls for help
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.
Suspended lawyer accused of thefts from disabled clients jailed on warrant
A suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and injured clients whose special-needs trusts he established and then allegedly used for his own purposes is in jail in Muncie, where he may remain until standing trial on criminal charges around the state. Kenneth “Shane” Service, 46, was booked into the Delaware County Jail on Thursday, according to jail records.
COA affirms for grandchildren in trust property distribution dispute
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.
COA: Trustee breached duties by cheaply selling property, paying herself
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
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
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
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.
Boldt: Disclosing estate plans in advance can save strife later
Estate planning clients, typically those nearing or beyond retirement, often ask what kind of information they should share during life with the beneficiaries of their estate. If one child will be treated differently than others, how should they address it, if at all? Should they disclose the fact that an inheritance is likely?
Suspended lawyer facing theft counts in 4 counties wanted again
The suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and special-needs clients is again facing a warrant for his arrest, this time for failing to appear as ordered at a hearing in one of the multiple felony theft cases he faces.
Appeals court reverses ‘draconian’ dismissal of will challenge
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.
Reversal: Trust’s residual beneficiary not reasonably certain
The denial of a motion to intervene was reversed Monday after the Indiana Court of Appeals agreed with the would-be intervenor’s argument that the language of a trust did not define a residual beneficiary with reasonable certainty.
Suspended Indianapolis attorney charged with theft
An Indianapolis attorney who was charged two years ago with indecency and public nudity after allegedly exposing himself to two high school girls basketball teams has been accused of taking more than $53,000 from a client. Raymond Fairchild has been charged with theft as a Level 5 felony for allegedly taking $53,226.35 from the proceeds of a client’s litigation settlement, according to a release from Marion County Prosecutor Terry Curry’s office.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
Appellate court reverses denial of request for third-party trustee
The Indiana Court of Appeals has reversed the denial of a woman’s request for a neutral third party to replace her brother-in-law as the personal representative and trustee of her father’s estate.
Citing evidence error, COA remands family farm dispute
The Indiana Court of Appeals reversed and remanded the denial of two siblings’ motion for summary judgment against their brother in a family trust case, finding that the trial court erred by considering evidence that had not been designated.
Lawyer suspended for alleged trust thefts faces new charges
A suspended lawyer already accused in three counties of stealing money from ex-clients’ special needs trusts has been charged in Indianapolis with allegedly stealing from another victim. The latest charges against Kenneth Shane Service include a count of racketeering.