What is probate?

Probate is the court and process that looks after people who cannot make their own personal, health care, and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate. Probate proceedings can be expensive and time-consuming. Additionally, the court proceedings and associated documents are all a matter of public record. Many people choose to avoid probate to save money, spare their heirs a legal hassle, and keep their personal affairs private.

What is joint tenancy with right of survivorship?

Also known in some states as “Tenancy by the Entirety” when between spouses; this is the most common form of asset ownership between spouses. Joint tenancy (or TBE) has the advantage of avoiding probate at the death of the first spouse. However, the surviving spouse should not add the names of other relatives to their assets. Doing so may subject their assets to loss through the debts, bankruptcies, divorces and/or lawsuits of any additional joint tenants. Joint tenancy planning also may result in unnecessary death taxes on the estate of a married couple.

What is a will?

A will is the document a person signs to provide for the orderly distribution of assets after death. Wills do not avoid probate. Wills have no legal authority until the will-maker dies and the original will is delivered to the probate court. Still, everyone with minor children should have a will. It is the only way to appoint the new “parent” of an orphaned child. Special testamentary trust provisions in a will can provide for the management and distribution of assets for heirs. Additionally, assets can be arranged and coordinated with provisions of the testamentary trusts to avoid death taxes.

Does a last will and testament go through probate?

No. If an individual passes away and the last will and testament governs their assets, probate will likely be needed to get assets from the decedent's name to the names of the beneficiaries in the will.

Can a Living Trust be utilized to gain asset protection against long-term care?

Yes. First, a revocable living trust often offers no asset protection against long-term care. Second, an asset protection trust may be utilized to provide protection of someone’s assets against the cost of long-term care. The sooner a person plans, however, the better!

What is a living will?

Sometimes called an Advance Medical Directive, a living will allows a person to state their wishes in advance regarding what types of medical life support measures they prefer to have, or have withheld/withdrawn if they are in a terminal condition (without reasonable hope of recovery) and cannot express wishes themselves. Oftentimes a living will is executed along with a durable power of attorney for health care, which gives someone legal authority to make health care decisions when a person is unable to do so themselves.

What does intestacy mean?

If someone dies without even a will (intestate), the legislature of their state has already determined who will inherit the assets and when they will inherit them. A person may not agree with these intestacy plans, but roughly 70 percent of Americans currently use it.

What are beneficiary designations?

A person may want to avoid probate on the transfer of some assets at their death through the use of beneficiary designations. Laws regarding what assets may be transferred without probate (non-probate transfer laws) vary from state to state. Some common examples include: life insurance, death benefits, and bank accounts.

What is a durable power of attorney and do you need one?

A durable power of attorney allows a person to appoint someone they know and trust to make their personal health care and financial decisions even when they cannot. If a person is incapacitated without these legal documents, then they (and their family) will be involved in a probate proceeding known as a guardianship and conservatorship. This is the court proceeding where a judge determines who should make these decisions for an incapacitated person under the ongoing supervision of the court.

What is a revocable living trust?

A revocable living trust is an agreement with three parties: the trust-makers, trustees (or trust managers), and the trust beneficiaries. For example, a husband and wife may name themselves all three parties to create their trust, manage all the assets transferred to the trust, and have full use and enjoyment of all the trust assets as beneficiaries. Further “back-up” managers can step in under the terms of the trust to manage the assets should the couple become incapacitated or die. Special provisions in the trust also control the management and distribution of assets to heirs in the event of the trust maker’s death. With proper planning, the couple also can avoid or eliminate death taxes on their estate. The revocable living trust may allow them to accomplish all this outside of any court proceedings.

Who should have a revocable living trust?

Whether a person is young or old, wealthy or at risk, married or single, if they owned titled assets (house, car, property, etc.) and want their loved ones to avoid court interference upon their death or incapacity, consider a revocable living trust. A trust allows one to bring all their assets together under one plan.

Where should you store your documents?

We recommend using a fireproof safe. We do not recommend a safety deposit box as banks do not like to let someone other than the account holder into the box. Oftentimes your documents are needed most when you aren’t necessarily available.

Who should get copies of your documents?

Some clients like to give copies of their documents to their families and/or whoever is named in their documents. Others prefer to keep things quiet. Everyone is different, though what is important is that if changes are made and copies have already been distributed, the “old” copies will need to be collected and replaced with the “new” versions.

What is the Indiana Estate & Elder Law maintenance program?

After a signing meeting, a client will be enrolled into our maintenance program. In January or July (depending on the signing meeting date), the client will receive a letter giving them the option to remain in the program or opt out. If they wish to remain in, there is a minimal annual fee, though it comes with several benefits such as: annual meeting to review plans, update of existing documents at no additional charge, first-to-know of changes in the law, and more! If the client opts out, our team will be happy to assist in the future, though the client may incur a fee.

When should I call Indiana Estate & Elder Law in the future?

Please notify our team if:

  • Moving
  • Changing contact information
  • Significant life events happen (i.e. new grandchildren, new marriage, a divorce happens, a loved one passes away)
  • If assets have changed
  • If beneficiaries need changed (power of attorney, health care representative, executor, or successor trustee)
  • and/or if there have been any significant health changes

Will I get charged if I cancel my appointment?

Yes, Indiana Estate & Elder Law has a cancellation and reschedule policy in place to ensure efficient service for all our clients. If you need to cancel or reschedule an appointment, please note that a $175 fee may be charged if you do so after your first allowable cancellation or reschedule request. This fee applies regardless of the reason for the cancellation or reschedule.

For more details on our policy and procedures, please click on "Cancellation Policy".


Cancellation Policy

When is the cost of hiring Indiana Estate & Elder Law?

At Indiana Estate and Elder Law, we understand that transparency is key when it comes to legal fees. Our costs can vary depending on the complexity of your case and the specific services required. We strive to provide clear and straightforward pricing to help you plan effectively.

For a detailed breakdown of our fees and costs, including information on how we structure our billing, please click on "Understanding Our Fees".


Understanding Our Fees