Investment/Estate Planning - The Indiana Lawyer

Moore & Sweet: A guide to will and trust validation in Indiana

May 27, 2020

We return to the scenario presented in a previous article, “Premortem validation could help avert will, estate contests” (Indiana Lawyer, Oct. 16, 2019). Recall that the mother (“mom”) changed her will six months before her death, giving the entire estate to her caregiver-daughter (“daughter”) and leaving nothing for her out-of-town son (“son”). Since Indiana has not yet enacted pre-mortem validation statutes for wills or trusts, daughter and son must argue the validity of the final will in court after mom has passed. This article discusses how the scenario (and a similar one dealing with a revocable trust) might play out under current Indiana law.

Retzner & Nichols: Estate planning with retirement assets and the SECURE Act

May 27, 2020

The Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”) was enacted on December 20, 2019. The SECURE Act dramatically changes how an individual should structure his or her estate plan if there are qualified retirement accounts involved.

Kissel & Snellenbarger: A once-in-a-decade estate-planning opportunity

May 27, 2020

We are almost halfway through 2020 and have seen the stock market fall, rally and fall again. We have been trapped in our houses unable to help our unstable economy, attempting to find new hobbies to pass the time and, of course, practicing social distancing. The silver lining to this pandemic is that it has provided an opportunity for us to better ourselves, and with falling interest rates, transfer our clients’ wealth to the next generation.

Life and death decisions: Pandemic increases focus on estate planning, health care advance directives

May 26, 2020 | Olivia Covington

The coronavirus pandemic seems to be the push many people needed. Most clients, estate planning lawyers say, tend to put off preparing their documents, usually believing that they still have time. But with the continuance of the COVID-19 pandemic and the daily coverage of case counts and death tolls, attitudes have changed.

IndyBar: New Free Estate Planning Document Review Service Available for IndyBar Members

May 13, 2020 | From IndyBar

The COVID-19 public health crisis has caused many people to reconsider their estate planning in light of scenarios that may have previously been unthinkable.

Reversal: COA rules for gas installer company’s founder in valuation dispute

May 5, 2020 | Katie Stancombe

An appellate panel reversed in favor of the founder of a natural gas installation company after it found the value of his shares under a buyback provision in a company agreement couldn’t be discounted for lack of marketability and control.

Supreme Court extends will-witnessing order due to COVID-19

May 5, 2020 | IL Staff

An Indiana Supreme Court order relating to probate and estate planning documents executed during the health crisis posed by COVID-19 will remain in effect until the health emergency is over, the high court announced Friday.

Longtime KDDK partner John E. Hegeman dies

May 4, 2020 | IL Staff

Longtime partner John E. Hegeman of Kahn, Dees, Donovan & Kahn in Evansville died Friday at Walnut Creek Center, the firm announced Saturday.

Indy law firm not responsible for attorney fees in contentious estate case

April 16, 2020 | Katie Stancombe

No abuse of discretion occurred in allowing an Indianapolis law firm to recover fees in a heated estate dispute, the Indiana Court of Appeals ruled Thursday. Neither was there an abuse of discretion in failing to declare the law firm responsible for attorney fees stemming from the filing of what an estranged wife called a meritless petition.

Denial of widow’s claim against revocable trust affirmed

March 24, 2020 | Katie Stancombe

A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.

Stafford: Attorneys, heal thy profession: Answer victims’ calls for help

February 19, 2020 | Dave Stafford

One of the saddest parts of my job is when a victim of an unscrupulous lawyer calls, asking in exasperation, “Is there anything that can be done about this?” The very saddest part is the realization that, deep down, the caller already knows the answer is no, or next to no. The legal profession has no contingency when one of its own who swore an oath goes rogue and steals from vulnerable clients. This must change.

COA affirms for grandchildren in trust property distribution dispute

January 13, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.

What’s the next step? The nuances of business succession planning

October 16, 2019 | Olivia Covington

Indiana estate planning and business succession attorneys say often, business owners don’t like to think about what might happen to their company if they were no longer able to run it. This is also true nationwide, with Forbes reporting that 30% of businesses don’t have a formal estate plan in place.

Moore: Premortem validation could help avert will, estate contests

October 16, 2019

Premortem validation may be a useful tool for any testator or settlor who suspects her will or trust will be challenged after her death. By implementing the premortem validation procedures, the testator or settlor can ensure a contest action will be brought while she is alive to defend her capacity and likely deter a meritless challenge.

Reconstituted probate code commission goes to work

October 16, 2019 | Marilyn Odendahl

When the Probate Code Study Commission convened for its first meeting Aug. 12, it marked the return of a process meant to help Indiana legislators understand the often complex and intertwined issues regarding wills, estates, trusts, guardianships and other probate matters.

Boldt: Disclosing estate plans in advance can save strife later

October 16, 2019

Estate planning clients, typically those nearing or beyond retirement, often ask what kind of information they should share during life with the beneficiaries of their estate. If one child will be treated differently than others, how should they address it, if at all? Should they disclose the fact that an inheritance is likely?

Appeals court reverses ‘draconian’ dismissal of will challenge

September 6, 2019 | Dave Stafford

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.

First Merchants Bank settles federal lawsuit alleging redlining

June 14, 2019

Muncie-based First Merchants Bank has settled a federal lawsuit, following U.S. Department of Justice allegations that the bank engaged in lending discrimination by redlining predominantly African-American neighborhoods in Indianapolis.

COA reverses judgment in siblings’ estate dispute

May 13, 2019

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.

New Notre Dame research effort boosts private law program

November 15, 2018

Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.

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