An estate’s executor is entrusted with managing and distributing the deceased’s assets. For the most part, executors – whether they’re family, a friend of the family or a professional – do their jobs pretty well. What happens, however, if you believe that the executor...
Estates
When can beneficiaries challenge a will’s no-contest clause?
No-contest clauses are legal provisions commonly found in wills and trusts. These clauses serve as a deterrent, preventing beneficiaries from challenging the terms of the document. If a beneficiary believes there is a legitimate reason to challenge the document, such...
Why are digital assets more likely to cause disputes?
Digital assets have ushered in a new era of complexities when it comes to estate planning. These assets seem to possess unique qualities that can make them more inclined to disputes among beneficiaries. Common scenarios where a dispute may arise To understand why...
Are there ways to prevent a will contest in Indiana?
Although built to keep your affairs in order when you pass on, a will, if contested, may cause heightened hostility among your surviving loved ones and heirs. Any interested party – a family member, a business connection or any possible heir – may feel unsatisfied or...
Common grounds to sue a trustee
Trustors put a significant amount of confidence in the person they appoint as the administrator of their trust. It is part of the trustee’s responsibility to adhere to their fiduciary duty to act with reasonable care and in good faith. Unfortunately, some trustees...
How do you prove undue influence?
Estate planning tools such as wills or trusts outline the wishes and intentions of individuals in the event that anything happens to them. Unfortunately, there are sometimes instances that lead others to doubt the validity of the documents. One of the common reasons...
Does Indiana allow no-contest clauses on wills and trusts?
Before 2018, Indiana was one of two remaining states in the country that did not allow the enforcement of no-contest clauses on wills and trusts. However, on July 1, 2018, the state finally joined the majority as it passed the bill amendment providing that a...
Is it possible to terminate an adult guardianship in Indiana?
When an Indiana adult becomes unable to advocate, care for and make decisions for himself or herself, that individual’s loved ones might step in and start thinking about establishing an adult guardianship. Guardianship is a way for someone in need of care (known as a...
What is transfer on death?
When you die, the probate court will disperse your assets according to your estate plan. There are a variety of tools you can use to bypass probate and ensure your heirs receive assets right after your death. One such option is transfer on death, which the Bureau of...
How can estate litigation impact you emotionally?
When dealing with legal problems that revolve around a loved one's estate, you may not notice how stressed you feel at first. This level of emotion can cause more problems as time goes on. Learning about the impact of long-term tension while dealing with estate...