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...
Estates
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...
Transferring an auto title after the owner’s death
After the death of a loved one, there are many small details that a person has to handle. Someone may not even think about them until something happens where he or she must take action. A good example of this is transferring the title of the vehicle. Most people may...
Fiduciary selections often lead to litigation among family members
When someone passes away, the individual tasked with the duty of wrapping up the final affairs accepts fiduciary duties. This individual becomes responsible for ensuring the execution of the deceased’s person’s wishes. He or she may also need to maintain peace between...
How to sell a home after the owner dies
When a person dies, he or she may have owned property in Indiana or other states. In some cases, the executor of the estate or the person who becomes the new owner of the property may want to sell it. The process of selling a home after an individual dies depends...
Tips for avoiding estate tax and other threats to assets
Indiana parents who are creating trusts for their children in which they name one of them as trustee may want to also appoint a protector. This is someone, often a sibling, who can step in and take over the trust if there is a threat, such as a lawsuit. A trust can...
Common reasons for estate litigation
Indiana residents may benefit from understanding why some estates wind up the subject of a court battle. Whether you want to avoid it for your loved ones or you find yourself in a contested estate situation, it is helpful knowing common reasons why some estates create...
Things to consider before contesting a will
When the executor of a deceased person’s Indiana estate contacts beneficiaries to begin distributing property according to the directions in the will, the outcome could be surprising. A disappointed family member may believe that the will’s instructions do not reflect...