Pending dissolution settlement not enforceable upon a party’s death
A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.
Investment/Estate Planning
Articles
Court of Appeals upholds Miller estate decision
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
Appellate court finds lawsuit brought in bad faith
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
Justices rule against POA on joint-account funds issue
The Indiana Supreme Court ruled against a woman who was made power of attorney by the man she worked for as a caretaker and opened bank accounts in both their names. The presumption is that the woman’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money from those accounts.
Defendants in will contest must timely answer
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
Appellate courts address estate tax, trust division regarding adoptions
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
Child must show she is born out of wedlock to inherit
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
Court: Man properly executed will, not under undue influence
The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.
Judge rules against Inlow heirs
A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton
County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their
attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.
Justices rule company engaged in UPL in trust mill case
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized
practice of law.
Agencies examine UPL
Long before he became Greenwood’s police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and
facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
AG files suit against suspended city judge
Attorney General Greg Zoeller filed suit Dec. 18 in Knox Circuit Court against non-attorney Bicknell City Judge David Andrew
Moreland, who’s charged with five counts of Class D felony theft that was discovered during an audit by the Indiana State
Board of Accounts in August. The former judge and his wife, Cindy, who served as city court clerk, are accused of stealing
nearly $21,000 since he became city judge Jan. 1, 2008. The Indiana Supreme Court suspended Judge Moreland in…
Appellate court upholds guardian appointment
The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
Man didn’t timely file petition to reopen estates
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
What the ISBA is watching this session
The Indiana State Bar Association is watching several bills introduced in this 2010 session, including probate and family law matters.
Tax court rules on inheritance issue
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax
purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
Tax return doesn’t require attached appraisal
Indiana code doesn't require an estate to file an appraisal with its inheritance tax return, the Indiana Tax Court decided in two opinions handed down Wednesday.
Justices rule on trust mill UPL case
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
Justices consider ‘costs’ in UPL action
The Indiana State Bar Association wants the state’s highest court to define the term “costs and expenses” as it’s never done before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and disgorge any profits it shouldn’t have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first…
Court: Don’t assume undue influence by child
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.