Camby Trusts Lawyer, Indiana

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Brett M. Haworth
About | Practice Areas
Henn Haworth Cummings + Page
1634 W. Smith Valley Road Suite B Greenwood, IN 46142» view map
Estate Law
Award-Winning Lawyers With Experience

Some law firms take a “one-size-fits-all” approach to law, but that’s not how Henn Haworth Cummings + Page operates. We understand every case is unique.

800-970-3690
1. Brett M. Haworth Greenwood, IN
  Attorney at Law - IN, 2003
  Indiana University J.D. 2003
2. AboutHenn Haworth Cummings + Page
  Care & Compassion For Your Case
3. Practice AreasExpertise
  Estate Law
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R. Daniel Craven

Personal Injury, Wills & Probate, Trusts, Wills

Status: In Good Standing

CONTACT

7550 S. Meridian Street, Indianapolis, IN 46217

Franklin N. Dewester

Real Estate, Lawsuit & Dispute, Trusts, Family Law

Status: Retired Licensed: 41 Years

CONTACT

4040 South Meridian, Indianapolis, IN 46217

Christopher A. Pearcy

Wills, Trusts, Insurance, Personal Injury

Status: In Good Standing

CONTACT

Hume Smith Geddes Green & Simmons LLP, Indianapolis, IN 46204

Konstantine G. Orfanos

Wills, Trusts, Estate, Bankruptcy

Status: In Good Standing Licensed: 43 Years

CONTACT

845 South Merdian Street, Indianapolis, IN 46225

Christopher Jeter

Government, Litigation, Trusts, Products Liability

Status: In Good Standing Licensed: 17 Years

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None Listed, Indianapolis, IN 46204

800-923-0641

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LEGAL TERMS

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SAMPLE LEGAL CASES

Zoeller v. East Chicago Second Century

... It argues on appeal that it was established under the agreement to benefit as a private for-profit corporation, and that "this non-charitable component eliminates the possibility that a public charitable trust was created," citing the definition of such trusts, Ind.Code Â§ 30-4-1-2(5 ...

Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos

Norman R. CARLSON, Jr., Individually and As Executor of the Estates of Norman R. Carlson and Hilda D. Carlson, Deceased, and As Trustee of the Trusts Established Under the Last Wills and Testaments of Norman R. Carlson and Hilda D. Carlson; Margaret Ann Carlson; Beth ...

Gibbs v. Kashak

... OPINION. MAY, Judge. Sally Gibbs and Jack David Kashak are siblings and the beneficiaries of their parents' trusts. ... Norbert and Eileen each created a trust and deeded their assets, including the land, bank accounts, and stocks to their trusts. ...

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Camby Trusts Lawyer, Indiana

Sponsored Law Firm

Henn Haworth Cummings + Page

SPONSORED LAWYERS

R. Daniel Craven

Franklin N. Dewester

Christopher A. Pearcy

Konstantine G. Orfanos

Christopher Jeter

TIPS

LEGAL TERMS

TRUST MERGER

DOWER AND CURTESY

TESTAMENTARY TRUST

POUR-OVER WILL

LAPSE

PROBATE

SURVIVING SPOUSE'S TRUST

DEVISEE

ADEMPTION

SAMPLE LEGAL CASES

Zoeller v. East Chicago Second Century

Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos

Gibbs v. Kashak

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