Man’s family sues police over his suicide at Indiana jail
The family of a man who took his own life in the Howard County Jail in Kokomo is suing local police, alleging his death was avoidable.
Estate
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Suspended lawyer facing theft counts in 4 counties wanted again
The suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and special-needs clients is again facing a warrant for his arrest, this time for failing to appear as ordered at a hearing in one of the multiple felony theft cases he faces.
COA affirms ruling for insurer in UIM recovery case
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.
Appeals court reverses ‘draconian’ dismissal of will challenge
Calling a trial court’s dismissal of a relative’s petition to contest a will “draconian,” the Indiana Court of Appeals on Friday reinstated the petition and sent the case back to Lake County to be heard in the superior rather than circuit court.
Justices reject wrongful death claims against IPS in student’s murder
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
Reversal: Probate court must consider ex’s purported will
The ex-wife of a man who died in June 2018 will be permitted to enter into probate court a document she contends is her ex-husband’s will, the Indiana Court of Appeals ruled Monday, reversing a trial court order that determined the man had died without leaving a will.
Land sale proceeds ordered released in long-running Bloomington dispute
The Monroe Circuit Court’s latest orders in a real estate dispute dating to 2002 were largely affirmed Friday, but the Indiana Court of Appeals ordered the trial court to release proceeds of a land sale that it had been retaining.
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Appellate court reverses denial of request for third-party trustee
The Indiana Court of Appeals has reversed the denial of a woman’s request for a neutral third party to replace her brother-in-law as the personal representative and trustee of her father’s estate.
Lawyer suspended for alleged trust thefts faces new charges
A suspended lawyer already accused in three counties of stealing money from ex-clients’ special needs trusts has been charged in Indianapolis with allegedly stealing from another victim. The latest charges against Kenneth Shane Service include a count of racketeering.
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”
Lueken: Tax Cuts and Jobs Act requires review of irrevocable trusts
Have you reviewed your clients’ estate plans since the Tax Cuts and Jobs Act of 2017 (“Tax Act”) took effect? Among its myriad changes, the Tax Act drastically increased the federal estate tax exemption.
Kissel & Snellenbarger: When to tell the IRS about gifts to children
When giving gifts to children, we think about birthdays and achievements, but we rarely question whether those gifts are taxable or reportable. Even if only using a portion of your lifetime exemption, be sure gifts to children are reported when necessary.
Retzner: Indiana’s ‘legacy trust’ law creates new asset protection strategy
Indiana embarks on a bold new planning strategy on July 1. As of that date, individuals will be able to avail themselves of “legacy trusts” as an additional method by which they can lawfully protect assets against creditors.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
Web Exclusive: Supported decision making makes strides
After three years of collaboration and research, efforts to create more options of independence for Hoosiers who face the confines of a guardianship have come to fruition. Those new options include legal recognition of supported decision making.
COA reverses judgment in siblings’ estate dispute
A disagreement between two siblings has been squashed now that an appellate court has sided with a woman who was granted last-minute possession of her mother’s estate just days before her death, canceling a former transfer on death deed shared with her brother.
COA affirms denial in LaPorte farmland trust dispute
A successor trustee who argued his late uncle’s farmland should be converted to a supervised estate was rejected when an appellate panel found a trust agreement’s language — or lack thereof — failed to make the farmland property of the trust.
IndyBar: Make a Difference — Volunteer for Free Wills Clinic on April 16
Attorneys, paralegals and law students are needed as volunteers to do intake, conduct private legal consultations with qualified applicants, draft paperwork and witness document signing. Estate planning attorneys are needed but non-probate-savvy attorneys will also be put to good use. Have a notary license? You’re needed too!
COA: Med-mal dismissal affirmed for counsel’s untimely filings
A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.