Before 2018, Indiana was one of two remaining states in the country that did not allow the enforcement of no-contest clauses on wills and trusts. However, on July 1, 2018, the state finally joined the majority as it passed the bill amendment providing that a...
Estates
Is it possible to terminate an adult guardianship in Indiana?
When an Indiana adult becomes unable to advocate, care for and make decisions for himself or herself, that individual’s loved ones might step in and start thinking about establishing an adult guardianship. Guardianship is a way for someone in need of care (known as a...
What is transfer on death?
When you die, the probate court will disperse your assets according to your estate plan. There are a variety of tools you can use to bypass probate and ensure your heirs receive assets right after your death. One such option is transfer on death, which the Bureau of...
How can estate litigation impact you emotionally?
When dealing with legal problems that revolve around a loved one's estate, you may not notice how stressed you feel at first. This level of emotion can cause more problems as time goes on. Learning about the impact of long-term tension while dealing with estate...
Who can contest a will in Indiana?
An estate plan should consist of documents created to ensure that those you appoint carry out your wishes. The probate process confirms that your property transfers to those you designate. In some cases, a will may not make it through court without someone challenging...
Can you face lawsuits for mismanaging an estate?
When someone appoints you as the executor or personal representative over his or her Indiana estate, you must take on many responsibilities on that party’s behalf. Serving as someone’s executor typically involves paying off debts and notifying creditors and...
What is undue influence?
When Indianans want some say regarding what happens to their assets after they die, they often write wills. Courts throughout the state typically respect the language of these wills, but that is not always the case. If a will does not reflect its writer's genuine...
How is conservatorship different from power of attorney?
Recent news surrounding the conservatorship of Britney Spears has brought this particular legal function into the public eye. Essentially, the conservatorship is a form of gaining legal guardianship over an adult. For many reasons, conservatorships can be fraught with...
Will I get money to survive during probate after my spouse’s death
After the death of your spouse, your main focus may not be on finances, but you will soon have to take care of practical things, such as paying bills. If your spouse was the income earner and mainly responsible for paying your daily living expenses, it can be scary...
What are common ways to challenge a will?
It is very difficult to challenge a will. Roughly 99% of wills will go through probate without issue, even if the probate process takes some time. This is because the courts generally consider the will the final voice of the testator, or the person who wrote it. Since...