Lawyers help vulnerable man overcome exploitation
Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.
Estate
Articles
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
Hendricks Judge Freese faces discipline charges
A Hendricks County judge and former leader of the Indiana Judges Association is facing disciplinary charges stemming from allegations that he appointed a friend as trustee of an estate case, then failed to take prompt action upon learning that the man was not fulfilling his duties and was possibly stealing from the trust.
Judgment for mesh implant makers upheld after woman’s death
The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.
Daughter’s estate appeal backfires; COA awards fees
The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.
‘Reasonable diligence’ required estate to inquire into medical malpractice
Finding that it was not necessary to pinpoint the trigger date for when the clock began running on the statute of limitations in a medical malpractice case, the Indiana Court of Appeals reversed the denial of summary judgment against a physician, medial practice and hospital.
Justices hear dad’s appeal of removal from son’s estate
The Indiana Supreme Court heard argument Tuesday contending the appointment of a deceased man’s father as the special administrator of his wrongful-death estate should not have been reconsidered, despite counter-arguments that he was not the best fit for the appointment.
Justices to hear estate dispute, probation revocation case
The justices of the Indiana Supreme Court will hear two oral arguments Tuesday, starting with a case involving the appointment of a special administrator to an unsupervised Marion County estate.
COA: Sisters’ estate tort claims against brother may proceed
The Indiana Court of Appeals affirmed the denial of a son’s motion to dismiss when it found his sisters’ tort claims against him arising from a dispute over inheritance could move forward in the trial court.
COA upholds unequal division of assets after 24-day marriage
A dispute over the division of assets from a marriage that lasted less than one month has ended with the Indiana Court of Appeals upholding a trial court’s decision to rule against the presumption of the equal division of the marital estate.
Justices grant one transfer petition, deny 23
The Indiana Supreme Court granted transfer to a case involving an estate, the only case out of 24 justices chose to hear last week. The court denied two transfer petitions by 3-2 votes.
Justices to hear civil forfeiture argument, 2 others
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
Rosio: Levels of business valuation and unique situations
Understanding the conclusions reached in a business valuation report requires a basic knowledge of the economic theory underpinning the generally accepted valuation approaches. Familiarity with the concept of levels of value will also aid in understanding the conclusions reached by a BV professional.
Retzner: Estate planning for the newly “adult” children
Very few people consider the legal needs of their now-“adult” son or daughter. Absent a power of attorney or other delegation of authority, however, you may not be able to act on your child’s behalf with respect to his or her health care or financial affairs if he or she becomes incapacitated, or just needs assistance.
Multi-jurisdictional estate planning requires research, collaboration
Every year like clockwork, when the leaves change and the temperature drops, thousands of Indiana residents flee the bitter Hoosier winter in favor of a warmer southern climate. Most often, these snowbirds find themselves wintering in Florida, and many decide to permanently relocate to the Sunshine State. While this decision to relocate is beneficial to […]
Justices set aside default against Greensburg landlords
A Greensburg apartment complex and its property manager will no longer be considered in default after the Indiana Supreme Court reinstated a trial court ruling that found excusable neglect justified setting aside a default judgment.
COA affirms ruling for lawyer on legal malpractice claim
The Indiana Court of Appeals affirmed summary judgment for a Bloomington lawyer accused of legal malpractice, finding the evidence negated the proximate cause element of the claim.
Malpractice verdict for doctor, barring of late expert witness affirmed
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
Untimely estate petition considered, still rejected by COA
Although the Indiana Court of Appeals found a man’s request that he be permitted to file an amended complaint was untimely, it still addressed the arguments he put forth to support his petition.
COA upholds reconsideration of special administrator appointment
A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.