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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

Court of Appeals Affirms That Will Was Product of Undue Influence

Earlier this week, the Indiana Court of Appeals affirmed judgment in favor of daughters who contested their father’s last will and testament on the basis that he lacked testamentary capacity and was unduly influenced by his...more

6/18/2020  /  Estate Planning , Probate , Wills

Indiana Court of Appeals Saves Will Contest From “Draconian” Dismissal

When a will contest was filed in the wrong court, the trial court dismissed it with prejudice for failure to state a claim. However, the Indiana Court of Appeals reversed and reinstated the complaint, reasoning that it would...more

9/11/2019  /  Appeals , Motion to Dismiss , Probate , Wills

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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