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.
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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.
Hendricks Judge Freese suspended 45 days over friend’s estate theft
Hendricks Superior Judge Robert W. Freese has been suspended from judicial office without pay for 45 days after appointing a friend as a trustee of an estate case he was presiding over and failing to take action when the friend did not fulfill his duties, resulting in a “massive theft.”
Losing on appeal, son must pay family’s appellate fees in trust dispute
A man who appealed judgments against him in a trust case involving a 40-acre Westfield property lost in virtually all respects and now is on the hook for the appellate legal fees of relatives who sued to block his actions.
Lueken: Tax Cuts and Jobs Act requires review of irrevocable trusts
Have you reviewed your clients’ estate plans since the Tax Cuts and Jobs Act of 2017 (“Tax Act”) took effect? Among its myriad changes, the Tax Act drastically increased the federal estate tax exemption.
Retzner: Indiana’s ‘legacy trust’ law creates new asset protection strategy
Indiana embarks on a bold new planning strategy on July 1. As of that date, individuals will be able to avail themselves of “legacy trusts” as an additional method by which they can lawfully protect assets against creditors.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
COA affirms denial in LaPorte farmland trust dispute
A successor trustee who argued his late uncle’s farmland should be converted to a supervised estate was rejected when an appellate panel found a trust agreement’s language — or lack thereof — failed to make the farmland property of the trust.