Helping to plan for difficult decisions
Attorney volunteers offered their services during a pro bono clinic at Eskenazi Health in Indianapolis to give patients a little peace of mind.
Wills
Articles
Couple’s gun collection incorrectly classified as ‘household goods’
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
Thomas: When drafting a will, be as specific as possible
To ensure that your client’s property will go to the beneficiaries of his or her choosing, as opposed to the beneficiaries that the state chooses, it is imperative that the last will and testament be very specific and provide for as many contingencies as possible.
Appeals panel: Trust’s real property bequeath by later writing invalid
A panel of the Indiana Court of Appeals ruled Thursday that a mother’s specific gift of real property incorporated into trust documents was an invalid method of willing it to heirs.
Man had 3 months to bring claim to enforce contract, court rules
A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.
Property conveyed by the entirety includes presumption of right of survivorship
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
COA split on retroactive application of Transfer on Death Property Act
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
Guarding against undue influence
Changes in a person’s will and estate plan that vary from equal distribution of assets among heirs, as favored by law, should raise red flags, elder law attorneys say.
Sisters can’t prove brother unduly influenced mother in crafting estate plan
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
Judges disagree on when duty to exercise ordinary care extends to beneficiaries
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
Edward Thomas: Tips on determining testamentary capacity
Lewis Wagner attorney Edward Thomas discusses in the IL's Estate Planning focus section testamentary capacity and other considerations that go into creating a will.
Attorneys give hospice patients peace of mind
Although a will may be described as “simple,” for patients in hospice care having a completed will and knowing their wishes are recorded in a legal document can bring a peace that makes the word “simple” seem like a misnomer.
Taxed to death no more
The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.
COA rules in favor of grandchildren in will dispute
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
Settlement ends bitter battle over Mel Simon estate
A bitter battle over the $2 billion estate of the late shopping mall tycoon Melvin Simon has ended with a confidential settlement.
E-state planning
Will your Facebook account, online presence and virtual world live on after you? The rise of social media and proliferation of online accounts are posing such real-life questions for lawyers who concentrate in estate planning. But it remains an evolving question how wills, trusts and power of attorney grants will address these and other staples of the Internet age.
Lawyers to prepare wills for patients and group home residents
The Volunteer Lawyer Program of Southwestern Indiana will prepare wills for group home residents and patients of Southwestern Behavioral Healthcare as part of the annual Prepare a Will Project.
COA reverses trial court in estate case
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
Third volume of Restatement of Property published
Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.
Judges ask family to end litigation over parents’ interments
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”