Digital assets have ushered in a new era of complexities when it comes to estate planning. These assets seem to possess unique qualities that can make them more inclined to disputes among beneficiaries. Common scenarios where a dispute may arise To understand why...
Estates
Are there ways to prevent a will contest in Indiana?
Although built to keep your affairs in order when you pass on, a will, if contested, may cause heightened hostility among your surviving loved ones and heirs. Any interested party – a family member, a business connection or any possible heir – may feel unsatisfied or...
Common grounds to sue a trustee
Trustors put a significant amount of confidence in the person they appoint as the administrator of their trust. It is part of the trustee’s responsibility to adhere to their fiduciary duty to act with reasonable care and in good faith. Unfortunately, some trustees...
How do you prove undue influence?
Estate planning tools such as wills or trusts outline the wishes and intentions of individuals in the event that anything happens to them. Unfortunately, there are sometimes instances that lead others to doubt the validity of the documents. One of the common reasons...
Does Indiana allow no-contest clauses on wills and trusts?
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...
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...