New laws for 2019
The following enrolled acts, followed in parentheses by their corresponding public law numbers, take effect July 1 unless otherwise noted below.
Probate
Articles
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.
Web Exclusive: Supported decision making makes strides
After three years of collaboration and research, efforts to create more options of independence for Hoosiers who face the confines of a guardianship have come to fruition. Those new options include legal recognition of supported decision making.
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.
COA: Sisters’ estate tort claims against brother may proceed
The Indiana Court of Appeals affirmed the denial of a son’s motion to dismiss when it found his sisters’ tort claims against him arising from a dispute over inheritance could move forward in the trial court.
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.
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.
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 […]
Untimely estate petition considered, still rejected by COA
Although the Indiana Court of Appeals found a man’s request that he be permitted to file an amended complaint was untimely, it still addressed the arguments he put forth to support his petition.
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
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.
Justices: ‘Compromise Chapter’ does not apply to pre-mortem estate agreements
A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
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.
New law allows for electronic signing of wills, trusts, powers of attorney
Though the law has a reputation for being resistant to change, new legislation that will take effect this summer is designed to give estate planning attorneys the opportunity to embrace technology when advising clients about probate documents while allowing more traditional lawyers to conduct business as usual.
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.
Senate committee approves bill allowing e-signatures on probate documents
The electronic signing of estate planning documents is one step closer to becoming legal under Indiana law after a Senate committee passed e-signing legislation on Wednesday. The measure passed the House last month.
Justices consider pre-mortem family settlement agreements
The Indiana Supreme Court must decide whether pre-mortem settlement agreements addressing the division of an estate’s assets are enforceable after hearing oral arguments Thursday in a probate dispute between two siblings.
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.
IndyBar: G. Pearson Smith Receives the 2017 Patricia Paxton Wagner Award
G. Pearson Smith, Bose McKinney & Evans LLP, has been named the 2017 recipient of the IndyBar Estate Planning & Administration Section’s Patricia Paxton Wagner Award for Excellence in Estate Planning and Administration.