Franklin Estate Planning 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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Includes: Gift Taxation

Jennifer R. Mann

Estate Administration, Estate Planning, Family Law, Adoption

Status: In Good Standing

CONTACT

3750 Kentucky Avenue, Indianapolis, IN 46221

Daniel Martin Cyr

Family Law, Estate Planning, Criminal, Estate

Status: In Good Standing

CONTACT

199 N. Main St., Franklin, IN 46131

William Wallace Barrett

International, Estate Planning, Civil Rights, Commercial Bankruptcy

Status: In Good Standing Licensed: 35 Years

CONTACT

Greenwood, IN 46142

Bradley David Hasler

Tax, Lawsuit & Dispute, International Tax, Gift Taxation

Status: In Good Standing Licensed: 24 Years

CONTACT

10 West Market Street, Indianapolis, IN 46204

Nana Marie Quay-Smith

Other, Federal Appellate Practice, Estate Planning, Estate

Status: In Good Standing Licensed: 37 Years

CONTACT

10 West Market Street, Indianapolis, IN 46204

Shane Hageman

Estate Planning, Agribusiness, Business Successions, Real Estate

Status: In Good Standing

CONTACT

111 Monument Circle, Indianapolis, IN 46204

Sarah Everett

Estate Planning, Wills

Status: In Good Standing

CONTACT

333 N. Alabama St., Indianapolis, IN 46204

800-923-0641

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LEGAL TERMS

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.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

... We are not persuaded. Indiana Code section 29-3-9-4, referred to by our supreme court as Indiana's guardianship estate planning statute, provides. (a) Upon petition of the guardian (other than a temporary guardian) or any ...

In re Guardianship of Phillips

... On May 19, 2009, Hudson filed a petition to do estate planning on Donna's behalf and revoke the Joint Trust. ... Id. at 8. In its judgment, the trial court denied Hudson's petition to do estate planning and revoke the Joint Trust and declared the Joint Trust shall remain in effect. ...

Leever v. Leever

... fraud. Title 42 of the United States Code section 1396(a) expresses the legislative intent that the Medicaid program should not be used as an estate planning tool. Forsyth v. Rowe, 226 Conn. 818, 828, 629 A.2d 379, (1993). ...

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Franklin Estate Planning Lawyer, Indiana

Sponsored Law Firm

Henn Haworth Cummings + Page

SPONSORED LAWYERS

Jennifer R. Mann

Daniel Martin Cyr

William Wallace Barrett

Bradley David Hasler

Nana Marie Quay-Smith

Shane Hageman

Sarah Everett

TIPS

LEGAL TERMS

LAPSE

LIVING TRUST

RESIDUARY ESTATE

DOWER AND CURTESY

MARITAL LIFE ESTATE TRUST

TRUSTEE

STATUTORY SHARE

RULE AGAINST PERPETUITIES

GENERATION-SKIPPING TRUST

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

In re Guardianship of Phillips

Leever v. Leever

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