Articles

Suspended special needs trust attorney, foundation’s legal woes continue

A suspended Indianapolis attorney charged with stealing from his clients’ special needs trusts remained at the center of a case argued Wednesday before the 7th Circuit Court of Appeals. Kenneth Shane Service crafted trust documents now in dispute that he has said he intended to be confusing, argued attorneys in a case involving the nonprofit foundation Service established.

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COA overturns trust validity case

A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.

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Do-it-yourself dangers

Where there’s a will, there’s a way to do it yourself with Internet services such as LegalZoom, Nolo and Rocket Lawyer. But attorneys say relying on online form providers for long-term financial and estate planning may not be the wisest investment.

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FSSA incorrectly imposed transfer penalty on Medicaid recipient

Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.

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(IL illustration/Brad Turner)

Trust and the troubled child

Estate planning attorneys occasionally draw the strong-willed client who wants to leave money to an heir – but only if the kid sobers up, quits getting in trouble with the law, gets a job, stops living beyond his means, or changes behavior in some other way.

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Record supports capping trustee fees at 1.5 percent

A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.

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Judge dismisses bulk of Christ Church suit against JPMorgan

A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”

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Court affirms $100,000 in attorney fees to bank for defending groundless claim

A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.

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