Articles

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

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.

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Collins: What I learned in my first 7 months of practice

Often, attorneys want to hit the ground running right out of law school and acquire as many clients as fast as they can. This sometimes includes getting involved in as many groups as you can fit into your schedule. While these are all good things to start developing immediately, the first and most important thing you want to accomplish is becoming a great lawyer.

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Maley: Tribute to Laura Briggs

With all the challenges facing bench, bar, and litigants in this difficult time, reflecting on something or someone good seems particularly appropriate for today’s column, rather than the usual nuance of jurisdiction and procedure. Laura Briggs is, by all means, someone good, indeed extraordinary. Most federal practitioners in the Southern District know this well, having benefited from Laura’s dedicated service as clerk since 1998.

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Tapp & Slusher: Surviving pandemic, murder hornets as new lawyer

When we all set our new year’s resolutions for 2020, none of us likely envisioned trying to achieve those goals in the midst of a pandemic. Phrases like “unprecedented” and “difficult times” are heard every five minutes. Staying at home by yourself and binge-watching Netflix while eating ice cream from the gallon bucket constitutes saving the world.

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

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.

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JLAP: Indiana’s chief justice champions lawyer well-being

Indiana Chief Justice Loretta Rush staunchly supports and promotes well-being in the legal profession. When she talks to Indiana judges, lawyers and law students, Rush frequently mentions the Judges and Lawyers Assistance Program. During her State of the Judiciary speech in January, the first topic Rush mentioned was Indiana’s problem-solving courts, which focus on issues including drugs and mental health.

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Bell & Grass: When silence isn’t golden: The ethics ‘boom shakalaka’ defense

Under normal circumstances, we would try to fill this column with something useful. We would try to give you tips that may help your practice, and we would hope that our column would give you a teensy-weensy bit of knowledge that might help you avoid an ethical problem down the road. However, these are not normal circumstances, so we feel like offering something a little different.

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Bont: Trying times make jury trials virtually impossible

Zoom meetings are starting to grow on me, sweatpants are way more comfortable than a suit and Justice Clarence Thomas is letting loose during telephonic oral arguments that are being broadcast in real time on C-SPAN. Despite these nice diversions from reality, I think we are all ready for life to get back to normal sooner rather than later and especially to be rid of the financial stress associated with this time.

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Pro Bono Matters: Pandemic forces legal aid groups to think outside the box

Pro bono and legal aid efforts are not immune to the adjustments needed to serve clients in the midst of the COVID-19 pandemic. Court closures and restrictions on in-person gatherings have forced legal services organizations such as Indiana Legal Services Inc. to get creative about how they can continue to engage volunteer attorneys and provide legal services to those in need.

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Osterday: So God made a millennial, and not a minute too late

Admittedly, we millennials are a bit coddled. But what preceding generations — and especially the legal profession — fail to appreciate is a millennial’s we-can-do-this-better attitude, particularly where technology is concerned. And arguably, that attitude should win the day right now.

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Letter to the editor: Statewide vote by mail needed

While all voters in the state are eligible to vote by mail in the upcoming primary election, if you live outside of Marion County, you are left to fend for yourself. Lack of leadership on the part of Secretary of State Connie Lawson means that not all voters will have the same opportunity to vote.

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