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Indiana Court of Appeals: Dead Man’s Statute Alive and Well in Trust Dispute

Recently, the Indiana Court of Appeals decided the case of Bergal v. Bergal. The case involved a man, Milton Bergal, who had four adult children from a previous marriage. Milton married Linda in 2009, and that same year he...more

Where’s the Will? Indiana Court of Appeals Reverses Trial Court’s Presumption of Revocation for Lost Will

Background - Recently, the Indiana Court of Appeals decided the case of Trowbridge v. Estate of Trowbridge. The case involved a man, Everett, who, despite their divorce, remained on good terms with his ex-wife, Christal....more

Recent Indiana Court of Appeals Decision Illustrates Importance of Clear Estate Planning Documents

Background - Recently, the Indiana Court of Appeals decided the case of Murphy, et al. v. Trustee of Star Financial Bank, et al. The case involved a woman named Janice who had executed a revocable living trust in 1990. ...more

Indiana Court of Appeals Opinion Upholds the Importance of Accountings in Trust Administration

Earlier this month, the Indiana Court of Appeals decided In Re: The Scott David Hurwich 1986 Irrevocable Trust. The case – which involved three siblings, Scott, Jeff and Stacey – arose after Scott and Jeff began to question...more

Indiana Supreme Court Waves Red Flag on Race to Become Estate Special Administrator

After a tragic car accident killed young parents, a race to the courthouse ensued. Various family members petitioned different courts for appointment as special administrator to pursue a wrongful death claim, and each was...more

No More Compromise: Indiana Supreme Court Closes Door to Pre-Mortem Settlement Agreements, Leaves Open Window

On June 19, the Indiana Supreme Court decided In the Matter of the Supervised Estate of Kent v. Kerr, rejecting a pre-mortem settlement agreement the Court of Appeals had unanimously validated last year. Aging Hoosiers often...more

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