In this article, you can discover… What digital assets are, and how to include them in your estate. How to effectively pass on digital assets to your beneficiaries How to manage digital assets during the probate process and an executor. What Is A Digital Asset? Digital assets typically include computer property or digital currencies such as bitcoins or blockchains. Digital assets differ from traditional assets in that, more often than not, these assets are not tangible and take up little to no physical real estate. Some examples of digital assets include: Cryptocurrency: Non-tangible currency such as Bitcoin and Ethereum are defined as digital assets. NFTs (Non-Fungible Tokens): Digital art pieces and virtual real estate items will also be included in an estate’s digital assets. Domain Names: Internet addresses and online…Read More
In this article, you can discover… The differences between formal and informal probate in Indiana. The risks associated with each form of probate. How a probate attorney can help your family navigate emotional conflicts. What Is The Difference Between Formal And Informal Probate In Indiana? It is very important to make the decision between a formal or informal probate process early on. Most estates will be supervised, meaning that permission from the courts is required for any major transactions conducted through the administration process. This can include fee payments, distribution of assets, property sales, and claim settlements. This supervision is put into place to ensure that all parties behave fairly and that the beneficiaries can all receive what they are owed. Alternatively, an unsupervised (or informal) probate process allows for…Read More
In this article, you can discover… The differences between formal and informal probate in Indiana. The risks associated with each form of probate. How a probate attorney can help your family navigate emotional conflicts. What Is The Difference Between Formal And Informal Probate In Indiana? The word “probate” can be confusing because it is used to mean different things depending on the context. When people ask about “formal” versus “informal” probate, they typically are getting at one of two things, either: Whether there will be full “probate administration” required through the court; or Whether estate administration will be “supervised” or “unsupervised.” This is a key determination that can have substantial implications on the course and duration of the transfer of estate assets to the intended beneficiaries. Alternatively, an unsupervised (or…Read More
How Does The Court Determine The Need For Guardianship In Indiana When An Adult With A Disability Is Involved? When determining the need for guardianship for an adult with a disability, the court considers two key factors: 1. Nature And Extent Of The Incapacity Indiana Law bases the guardianship decision on the concept of “Incapacity.” Indiana Code §29-3-1-7.5 defines an “incapacitated Person” as someone who: a) cannot be located; b) is unable to manage their property; or c) is unable to provide self-care, because of insanity, mental illness, mental deficiency, physical illness, infirmity, addiction, incarceration, duress, undue influence of others, and related reasons. The court evaluates the incapacity and how much it affects the adult’s ability to care for themselves. This evaluation should include both the person’s physical health and…Read More
What Is An Emergency Guardianship? When Is One Necessary In Indiana? Emergency guardianship, also known as a “Temporary Guardianship” in the Indiana statutes, is used in extreme situations where the usual safeguards required for a full guardianship cannot be followed due to the urgency of the circumstances. It should be considered a rare course of action; however, some attorneys resort to it as a quick way to get their client’s foot in the door of guardianship to take some sought-after immediate action. Typically, when pursuing a guardianship, various procedures, such as notifying all relevant parties, obtaining consent, and providing medical reports, are mandatory. However, in emergency situations—where there is an imminent threat to the financial or physical health or safety of the person at risk—these requirements may be temporarily bypassed.…Read More
How Much Time And Commitment Does Guardianship Involve? This is probably the most important question you can ask yourself before agreeing to become a guardian. The time and commitment required for guardianship vary significantly depending on the specific circumstances. For a minor, guardianship involves duties similar to those of a parent, depending on the child's age and needs.For an incapacitated adult, the level of commitment depends on whether the individual lives in an institution or with the guardian, and the severity of their condition. In any case, guardians are responsible for the physical care of the person, either directly or by hiring help, and must manage financial matters meticulously. This includes maintaining separate financial accounts, tracking expenditures, and regularly consulting with an attorney to ensure compliance with court requirements. What…Read More
Probate ensures that assets are properly transferred and any debts are settled, but the legal steps involved can be complex. This guide provides a clear, step-by-step overview of Indiana's probate process, from filing the necessary documents to understanding fees and contesting a will. With the right preparation and support, you can confidently manage your role in the estate administration. In this article, you can discover… 1. Who can initiate the probate process in Indiana and the first steps involved. 2. What key documents are required to start probate and how they are used. 3. The types of fees associated with probate and how they impact the estate. How Is Probate Defined In Indiana? Probate is the formal legal process in Indiana that ensures the legal and proper transfer of assets…Read More
What Is The Legal Definition Of A Guardian In Indiana? A guardian in Indiana is a person appointed by the court to act on behalf of someone deemed incapacitated to some extent. The guardian serves as a fiduciary, meaning they have the highest legal duty to act solely in the best interests of the protected person, rather than their own. This role involves managing the individual's affairs and ensuring their well-being. What Are The Different Types Of Guardianships In Indiana? In Indiana, guardianships can be categorized in several ways: Full Guardianship Vs. Limited Guardianship A full guardianship grants the guardian complete control over the protected person's affairs. A limited guardianship restricts the guardian’s authority to specific areas, such as personal care or financial management. Guardianship Of The Person This type…Read More
In this article, you can discover… How multi-party personal injury claims differ from other claims How to identify all parties involved in your accident Pitfalls to avoid when involved in a multi-party claim What Are Multi-Party Personal Injury Claims And How Are They Different From Other Claims? Multi-party claims may involve multiple plaintiffs or multiple defendants. These cases can be complicated as parties are likely to blame one another and disagree as to their level of personal responsibility for the resulting injuries and damages. In Indiana, there’s a statutory legal principle in place called “comparative fault.” At trial, the jury will be instructed to consider how much fault, if any, should be allocated to all the parties (including the injured plaintiff), such that they all add up to 100%. If…Read More
When Can Mental Health Records Be Disclosed In Court? In any litigation, parties are almost certain to engage in discovery. Discovery is the phase of a lawsuit that occurs after all claims have been filed and both parties have responded. During this stage, the involved parties exchange information to build their cases for trial or potential settlement before trial. There are many forms of discovery, but the most common are Interrogatories, Requests for Production, and Depositions. The topics covered by discovery must be relevant to the pending litigation. “Relevance” is defined broadly, however; the information sought does not have to be admissible in evidence. Instead, it only must be deemed “reasonably calculated to lead to the discovery of admissible evidence.” Interrogatories are written questions that must be answered fully and…Read More
