Boldt: Stretching the benefits of your traditional IRA
For a client who holds the bulk of their net worth in an IRA, an Inheritance Trust can be an effective estate planning tool.
Estate
Articles
Probate bar proposes legislation to permit electronic signatures on wills
In an increasingly digital world, the legal ritual of a person signing a last will and testament before two witnesses who attest to the signer’s capacity may be evolving. Lawmakers next year will consider a proposal to allow electronic signatures on wills and other trust and estate documents.
Attorneys: Compassion critical in unexpected estate cases
Settling a deceased loved one’s affairs is never easy, but when the person is young or has not prepared a will or other estate planning documents, legal experts say the process becomes increasingly complicated.
Divided COA allows fraud claim against bank to proceed
A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.
Suspended special needs trust attorney, foundation’s legal woes continue
A suspended Indianapolis attorney charged with stealing from his clients’ special needs trusts remained at the center of a case argued Wednesday before the 7th Circuit Court of Appeals. Kenneth Shane Service crafted trust documents now in dispute that he has said he intended to be confusing, argued attorneys in a case involving the nonprofit foundation Service established.
COA: Pre-death family will settlement agreement enforceable
Ruling on a matter of first impression Friday, the Indiana Court of Appeals found that family members may enter into an enforceable settlement agreement regarding the distribution of assets from an estate before the testator’s death.
IU McKinney joins IU Maurer in offering free will, power of attorney drafting
The Indiana University Robert H. McKinney School of Law will begin offering free estate planning document preparation services this year to IU employees, students and parents who meet certain economic requirements.
State Sen. Glick gets probationary deal in attorney discipline case
A northern Indiana state senator who was accused of mishandling 22 estate cases — including several open cases that are decades old — will not be suspended from the practice of law if she abides by conditions imposed by the Indiana Supreme Court.
State senator faces attorney discipline over handling of estates
A northern Indiana state senator faces a formal attorney discipline complaint that alleges she mishandled an estate she represented. The complaint also seeks discipline for 21 other delinquent estates in which she was attorney of record, some dating back decades.
Suspended lawyer in estate misappropriation case receives 8-year sentence
A suspended Indiana attorney has been sentenced to eight years in prison in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
Anderson lawyer pleads guilty in estate misappropriation case
Suspended Anderson attorney Stephen Schuyler has pleaded guilty in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
COA affirms denial of reinstatement petition for lack of good cause
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.
Man’s companion entitled to compensation for services, COA rules
An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.
COA affirms closing of unsupervised estate
In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.
Judges affirm son not entitled to dad’s deathbed gift of cars
A son whose father deeded him two vehicles on his deathbed must return those vehicles to his father’s estate after the Indiana Court of Appeals found Thursday that the son had not overcome the presumption of undue influence.
Eighth Amendment complaint splits 7th Circuit
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
Eighth Amendment complaint splits 7th Circuit
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
Sheriff’s department not liable in death of former deputy’s wife
The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.
COA considers liability in sheriff’s office suicide case
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
Ex-lawyer who bilked relatives of $1.3M gets prison sentence
A former Indiana attorney who pleaded guilty to bilking relatives out of more than $1.3 million has been sentenced to 2 ½ years in prison.