Indianapolis Wills & Probate Lawyer, Indiana, page 2

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Includes: Estate Administration, Living Wills, Wills

Robert J. Milford

Construction, Wills & Probate, Estate Planning, Business Organization
Status:  In Good Standing           

Ann M. O'Hara

Wills & Probate, Estate Planning
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J. Michael Antrim

Wills & Probate, Government Agencies, Constitutional Law, Estate Planning
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Debra A. Kincaid

Wills & Probate, Estate Planning, Bankruptcy, Bankruptcy & Debt
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Daniel L. Taylor

Litigation, International, Wills & Probate, Estate
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Alisa Christine Corey Kuehn

Real Estate, Wills & Probate, Child Custody, Criminal
Status:  In Good Standing           Licensed:  17 Years

David Michael Paxton

Immigration, Wills, Estate Planning, Business
Status:  In Good Standing           Licensed:  17 Years

Barbara Jane Baird

Wills & Probate, Estate Planning, Estate, Adoption, Corporate
Status:  In Good Standing           Licensed:  47 Years

Steven Hartley Pratt

Juvenile Law, Real Estate, Health Care Other, Wills & Probate, Sexual Harassment
Status:  In Good Standing           Licensed:  41 Years

Sean Joseph Fahey

Juvenile Law, Real Estate, Wills & Probate, Sexual Harassment
Status:  In Good Standing           Licensed:  32 Years

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LEGAL TERMS

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.'

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

SAMPLE LEGAL CASES

In re Adoption of HNPG

... II. Whether the probate court abused its discretion when it admitted deposition testimony of HNPG's mother over Blake's objection; and,. III. ... On February 23, 2007, the probate court issued findings of fact and conclusions of law and found in pertinent part: ...

In re Estate of Eguia

... Telez appeals the probate court's determination that Esther Eguia, Eleazar Gracia, and Mary Jane Gracia are the trustees of the Sociedad and are entitled in that capacity to receive the property left to the Sociedad. ... Telez opened a probate case on July 11, 2005. ...

First Farmers Bank & Trust Co. v. Whorley

... On January 24, 2002, Zehring passed away and a probate estate was opened on February 7, 2002. ... The next day, the trial court terminated First Farmers' guardianship and First Farmers was appointed executor and personal representative of the probate estate. ...