Articles

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Zipping into statutes: Overview of new laws for 2019

Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.

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COA reverses judgment in siblings’ estate dispute

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.

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Revised vote tally flips St. Joseph race, ousting probate judge

The St. Joseph Probate Court judge was unseated in Tuesday’s election, reversing earlier results showing Republican Judge James Fox had retained his office. Official final vote totals now show Democratic challenger Jason Cichowicz narrowly defeated Fox in the state’s closest judicial race.

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Siblings’ trust agreement enforced in probate splits COA

The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.

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Multi-jurisdictional estate planning requires research, collaboration

Every year like clockwork, when the leaves change and the temperature drops, thousands of Indiana residents flee the bitter Hoosier winter in favor of a warmer southern climate. Most often, these snowbirds find themselves wintering in Florida, and many decide to permanently relocate to the Sunshine State. While this decision to relocate is beneficial to […]

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Lake Circuit asbestos abatement may alter proceedings

The main courtroom for Lake Circuit Court in Crown Point began a four-month asbestos abatement Monday that may change the location of some court dates, Circuit Judge Marissa McDermott announced in a letter to the bar. The courtroom — Room B-203 — will be under construction, which may affect the proceedings of the Lake Circuit and probate courts

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COA upholds reconsideration of special administrator appointment

A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.

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COA reopens estate after improper probate closing

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.

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Lake Superior Court shutters Gary Probate Division

The Gary Probate Division of the Lake Superior Court has permanently closed and all files opened in that court have been transferred to the Crown Point Probate Division. The Indiana State Bar Association announced the closure of the Gary Probate Division last month.

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Indiana high court to hear Simon-Starbucks dispute

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.

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Law restores will challenges as separate actions

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.

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