A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
The St. Joseph Probate Court must reopen an estate that led to years-long litigation between two siblings after the court failed to follow proper statutory procedure when closing the estate, the Indiana Court of Appeals ruled Wednesday.
Though the law has a reputation for being resistant to change, new legislation that will take effect this summer is designed to give estate planning attorneys the opportunity to embrace technology when advising clients about probate documents while allowing more traditional lawyers to conduct business as usual.
On Tuesday, April 24, volunteer IndyBar attorneys drafted free wills and advance directives for members of the public at the John Boner Neighborhood Center and the Haughville branch of the Indianapolis Public Library.
The Indiana Court of Appeals has overturned summary judgment for a national motor company on a defective design claim stemming from a construction foreman’s death after finding sufficient evidence to rebut the presumption that the product in question was not defective.
The only surviving son of a Huntington County woman is not entitled to his mother’s house because she did not properly amend her trust to gift it to him, the Indiana Court of Appeals ruled Thursday.
The electronic signing of estate planning documents is one step closer to becoming legal under Indiana law after a Senate committee passed e-signing legislation on Wednesday. The measure passed the House last month.
Passage of federal tax reform spelled numerous changes for wealthy Americans, and taxpayers and their lawyers have been forced to learn new nuances to estate planning and wealth management procedures as they try to determine how the new legislation will impact them.
The Indiana Supreme Court must decide whether pre-mortem settlement agreements addressing the division of an estate’s assets are enforceable after hearing oral arguments Thursday in a probate dispute between two siblings.
The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.
The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.
The Indiana Supreme court will decide whether Starbucks Corp. can close 77 Teavana stores in malls across the country after granting an appeal in Simon Property Group’s case against the coffee giant. The high court asserted its authority to assume jurisdiction in cases it deems an emergency.
An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.
An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.
G. Pearson Smith, Bose McKinney & Evans LLP, has been named the 2017 recipient of the IndyBar Estate Planning & Administration Section’s Patricia Paxton Wagner Award for Excellence in Estate Planning and Administration.
As the push for mandatory electronic filing continues in Indiana, the Indiana Supreme Court has established new rules on how to handle original wills when an estate case is opened electronically.
Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.
An unintended change in law that temporarily required will challenges to be filed within the probate case was reversed under a bill that took effect July 1 and tweaked several provisions of Indiana’s Probate Code.
After a number of years of relative certainty, there have been several recent developments worth noting that could impact federal estate and gift planning.