COA reverses granddaughters’ attorney fees award
Two women who won attorney fees against their grandmother’s estate were hit with a reversal Tuesday from the Court of Appeals of Indiana.
Wills
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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.
Division of deceased couple’s estate will stand despite omission in COA decision
Despite a portion of a deceased couple’s will being omitted from a Court of Appeals of Indiana opinion, the appellate court’s original decision does not need to be reversed, the COA held in a Tuesday opinion on rehearing.
Dible: New, flexible methods available for signing Indiana wills
House Enrolled Act 1255 (P.L. 185-2021) added new signing methods for wills, effective April 29, with no “sunset” date and no dependence on any current or future public health emergency.
Appellate court declines to issue ‘advisory’ opinion in estate dispute
The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
Appellate panel reverses, reinstates grandson’s will contest
A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.
Bill giving adult guardians authority over final dispositions advances, but with concerns
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.
Justices in tug-of-war over judge in suit accusing ex-lawyer of estate theft
Nearly eight months after the Indiana Supreme Court accepted the resignation of a one-time northern Indiana judge and former lawyer accused of stealing hundreds of thousands of dollars from a widow client’s estate, justices now are being asked to remove the judge hearing a related civil lawsuit.
Supreme Court amends trial procedure rules
Amendments have been made to Indiana Rules of Trial Procedure regarding child paternity cases, as well as e-filing processes and procedures for filing probate and guardianship cases, according to an order from the Indiana Supreme Court.
IndyBar: Attorneys Deliver Peace of Mind During Free Wills Clinic
For years, IndyBar attorneys have helped community members living in poverty to safeguard their futures through the IndyBar’s Free Wills Clinics. This year, IndyBar volunteers (safely) set up at the Indiana Veterans Center to draft wills and advance directives for Indianapolis citizens at no cost.
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.
Ex-judge, assistant accused of estate fraud, will tampering face escalating claims
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.
Will missing in estate fraud suit against disgraced lawyer, assistant
The original will at the center of a six-figure estate fraud case is missing, according to recent court filings in a civil lawsuit. Charities alleging the law firm that handled the estate absconded with the money also have subpoenaed the Indiana Supreme Court Disciplinary Commission for records in the related ethics case that led to the recent resignation of attorney and one-time judge Robert Monfort.
DTCI: A few estate planning strategies for peace of mind
Most people don’t want to think of their own mortality or the possibility that they may become incapacitated and incapable of expressing their health care wishes. Having an estate plan as well as a plan in place for end-of-life decisions will provide peace of mind for you and your family.
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.
Legal malpractice claim was far beyond statute of limitations, 7th Circuit affirms
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.
COA affirms for daughters against late father’s wife in will dispute
Two daughters who claimed their father was of unsound mind when he executed a purported will and that his new wife tortiously interfered with their inheritance won a judgment against her from the Indiana Court of Appeals.
COA again reverses for ex-wife in dispute over late husband’s will
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.
7th Circuit vacates dismissal of son’s federal estate dispute over father’s death
The 7th Circuit Court of Appeals has vacated dismissal of a federal estate lawsuit and remanded a case brought by a Bartholomew County man who claims his father’s wife and her children murdered his father.