A will is the legal document that spells out how you want your assets to be distributed after you pass away—it’s your wishes, in writing, guiding what happens to what you've built. Keep in mind that a will doesn't avoid probate; in fact, it only takes effect once you've passed and the original document is filed with the probate court.

Still, if you have minor children, a will is essential. It's the legal tool that lets you name a guardian for your children, ensuring the people you trust most are the ones who step in to raise them.

A well-drafted will can do more than direct where your assets go. By including testamentary trust provisions, you can build in ongoing management and structured distributions for your heirs, protecting inheritances for young beneficiaries or those who may need extra oversight. On its own, a will is a strong first step, but pairing it with the right trusts and beneficiary designations can give your family even more protection and flexibility.

In Indiana, a will does not have to be notarized to be valid. It must be signed by the testator (the person making the will) and two witnesses, who should not be beneficiaries of the will. There are specific requirements for a will to be valid under Indiana law, as well as additional steps that can minimize the risk of disputes, so it is wise to consult with a professional who can ensure your will is executed properly.

Beneficiary designations specify who should receive payments from assets like life insurance policies or the money or property in an account, like bank and retirement accounts. These assets do not have to go through probate and are instead transferred directly to your beneficiary/beneficiaries. Designations are typically made when you set up an account, but they should be reviewed regularly to ensure they conform with your wishes and overall estate plan.

A living will (also called an advance medical directive or healthcare directive) puts your wishes about end-of-life medical care in writing, ahead of time, so no one has to guess. Specifically, a living will lets you state whether you want life support measures used, withheld, or withdrawn if you ever reach a terminal stage of illness where recovery is no longer medically expected, and you're unable to speak for yourself.

Most people pair a living will with a health care representative appointment (often structured as a durable power of attorney for health care). While your living will spells out your wishes, this second document names someone you trust to carry them out.

A durable power of attorney lets you choose, in advance, someone you trust to step in and manage your financial and legal affairs if you're ever unable to do so yourself. This includes actions like paying bills, managing accounts, handling property, and more.

Without one in place, your family doesn't get to simply step in. Instead, they'd need to petition the appropriate court for a guardianship. That process takes time, becomes part of the public record, and can add real cost and stress to an already difficult situation.

Putting a durable power of attorney in place now means the people you trust can act immediately when it matters most, without a judge's involvement.

When two or more people own property together with rights of survivorship, ownership passes automatically to the survivor(s) when one owner dies, with no probate required for that asset. Between spouses specifically, Indiana law typically recognizes a related but stronger form of this called tenancy by the entirety, which comes with an added layer of protection: creditors pursuing a debt owed by only one spouse generally can't touch property held this way.

That protection disappears, though, the moment a third owner is added. If a surviving spouse later adds an adult child or other relative to the title, the property becomes ordinary joint tenancy, and with it comes new exposure. That additional owner's debts, bankruptcy, divorce, or lawsuits could now put the property at risk, even though it had nothing to do with the original couple's affairs.

A revocable living trust involves three roles working together: the person (or people) who create the trust, the trustee who manages it, and the beneficiaries who benefit from it. Many couples wear all three hats at once, creating the trust, serving as co-trustees managing the assets inside it, and remaining the beneficiaries of everything the trust holds, all at the same time.

The trust also names backup trustees, so if a couple becomes incapacitated or passes away, someone they've already chosen steps in seamlessly to manage the assets.

Special provisions built into the trust can also guide how assets are managed and distributed to your heirs after your death, giving you far more control than a will alone. And because a properly funded revocable living trust operates independently of the court system, your family can avoid the delays, costs, and public nature of probate entirely.

If you own titled assets like a house, a car, or other property, and you want to spare your loved ones from court involvement after your death or during a period of incapacity, a revocable living trust is worth considering.

Think of it as bringing every piece of your financial life under one roof. It serves as one coordinated plan, rather than a patchwork of accounts and property each following its own rules.

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

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 outdated copies will need to be collected and replaced with the updated versions.

According to the National Council on Aging, estate planning costs can range from less than $100 for a do-it-yourself will to more than $5,000 for a comprehensive estate plan. It all depends on the complexity of your finances, assets, and properties, as well as your goals and wishes.

While an estate planning attorney may not be your least expensive option up front, their knowledge will help ensure your plan is executed properly, and their guidance can prevent mistakes that may end up costing you or your loved ones more in the long run.

At Indiana Estate & Elder Law, we offer a no-cost initial consultation and flat fee pricing based on your specific needs and wishes, so you know exactly what to expect.

Elder law is a legal practice area that focuses on the concerns we all face as we age, like ensuring we receive quality care consistent with our wishes while preserving our assets. Elder law attorneys and professionals help elderly clients and their families plan for long-term care coverage through Medicaid or other means, establish documents like powers of attorney and healthcare directives, and navigate issues related to guardianship and conservatorship.

While elder law applies some of the same tools as estate planning, like powers of attorney, trusts, and advance directives, the goals are more targeted. Essentially, we are working to ensure elderly or disabled individuals receive the care they need as they age, to document and protect their medical wishes, and to preserve assets through Medicaid planning and other means. While most elder law attorneys also handle estate planning, the reverse is not often true. Because this area of law is affected by complex, ever-changing rules and regulations, it is wise to work with professionals who regularly serve clients in this area and stay up to date on it.

A person of sound mind in Indiana can grant powers of attorney to a trusted individual for financial and/or medical purposes. As long as the grantor remains competent, these powers can be revoked. This process is completed without court oversight or intervention, though it does require proper legal documentation.

Guardianship, on the other hand, may be necessary when a person becomes incapable of making decisions and handling their own financial and medical affairs. To protect that person’s best interests and well-being, loved ones can intervene by requesting and assuming guardianship. This process requires a court order deeming the individual in question incompetent, and the court continues to oversee the guardianship to ensure the ward is properly cared for and protected.

Probate is the court-supervised process Indiana law may require to settle someone's estate after they pass away. If a person dies owning more than $100,000 in assets held solely in their name, probate is generally required; estates below that threshold may qualify for Indiana's simplified small estate process instead.

When probate is required, the court appoints a personal representative (also called the executor) to carry out the terms of the deceased's will and see that assets reach the right beneficiaries. If someone dies without a valid will, Indiana's intestacy laws step in to determine who inherits instead.

For many families, probate becomes something they'd understandably rather avoid altogether. The process comes with legal and court fees, can take months (or, in complicated cases, years) to resolve, and everything filed becomes part of the public record. With the right planning in place ahead of time, it's entirely possible to bypass probate, save your family time and money, and keep your affairs private.

Curious about the details? Read our full breakdown of probate in Indiana for a deeper look at costs, timelines, and how to avoid it.

Unless actions are taken to avoid it, when an individual passes away in Indiana, even with a valid last will and testament, probate will likely be needed to move assets from the decedent's name to the names of the beneficiaries in the will.

Testate is the term used when someone dies with a valid will in place. A testate person’s assets are distributed as outlined in their will. Intestate means the person passed away without a valid will. The distribution of assets of a person who dies intestate in Indiana is governed by state law. In both cases, probate of the estate is usually required if the deceased has not implemented plans to avoid it.

When a person passes away in Indiana, probate must be filed with the court in the county where the decedent lived within three years in most cases.

The length of the probate process in Indiana depends on various factors, including whether a valid will exists, the complexity of the person’s estate and assets, and the need to address creditor issues or family disputes. Unless the estate is small and qualifies for a simplified process, probate usually takes a minimum of six months. Even in relatively uncomplicated cases, the probate process in Indiana will likely take six to twelve months. However, there is no maximum timeframe, and we have seen probate take as long as six years in an extreme case.

A note on our legal practice at Indiana Estate & Elder Law: we generally do not handle estate and probate disputes. However, we can refer you to a trusted partner if your needs exceed the scope of our work.

Indiana repealed its inheritance tax in 2013, so heirs of individuals who passed away after December 31, 2012 are not subject to state inheritance taxes. There is also currently no federal inheritance tax. However, other tax concerns may apply, depending on the situation. An estate planning attorney can review the specifics of your estate and advise your family on tax concerns or refer you to a trusted tax professional when matters require expertise outside of the attorney’s scope of practice.

Indiana does not have a state estate tax, but the federal estate taxes are applicable. They often increase every year, and really only impact individuals and families with multiple millions of dollars in assets. When applicable, estate taxes are paid by the estate before distributions are made to beneficiaries.

Long-term health care costs can drain an estate’s assets quickly. Smart planning can help aging or disabled individuals navigate income and asset limits to qualify for Medicaid long-term care coverage while protecting their hard-earned assets. Visit our services page for Indiana Medicaid planning to learn more and get answers to related questions.

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

After a signing meeting, a client will be enrolled in our estate plan 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. The maintenance program comes with several benefits, including an annual meeting to review plans, updating 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.

Please notify our team if you:

• Move
• Need to update contact information
• Experience significant life events (i.e. new grandchildren, marriage, divorce, a loved one passes away)
• Have meaningful asset changes
• Want or need to update beneficiaries and/or designations (power of attorney, health care representative, executor, or successor trustee)
• Experience any significant health changes

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 see our full cancellation policy.

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 visit this page on understanding our fees.