Marion County, IN Estate Lawyers

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Amber Kristina Boyd Lawyer

Amber Kristina Boyd

VERIFIED
Estate, Employment

Amber K. Boyd is a versatile professional with strong experience in managing complex litigation matters. She founded Amber K. Boyd Attorney at Law in ... (more)

Donald Wayne Mcinnes Lawyer

Donald Wayne Mcinnes

VERIFIED
Divorce & Family Law, Collection, Estate, Real Estate, Personal Injury

Don has been exclusively practicing community association law across Indiana for almost a decade. He is a member of Community Associations Institute ... (more)

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CONTACT

800-903-8920

Joshua T. Robertson Lawyer

Joshua T. Robertson

VERIFIED
Estate

Joshua Robertson concentrates in the areas of real estate litigation, business litigation, criminal defense and personal injury litigation in both sta... (more)

Carol A. Sparks Drake

Family Law, Medical Malpractice, Wills & Probate, Government Agencies
Status:  In Good Standing           

Carrie L. Frantz

Wills & Probate, Wills, Bankruptcy, Trusts
Status:  In Good Standing           

FREE CONSULTATION 

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Jeffrey A. Adams

Business, Tax, Estate, Real Estate, Employment
Status:  In Good Standing           

Jennifer Wheeler Terry

Industry Specialties, Estate, Divorce & Family Law
Status:  In Good Standing           

Jennifer R. Mann

Estate Administration, Estate Planning, Family Law, Adoption
Status:  In Good Standing           

Keith E. Gifford

Landlord-Tenant, Social Security -- Disability, Estate Planning, Car Accident
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Linda E. Cantor

Estate Administration, Estate Planning
Status:  In Good Standing           

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LEGAL TERMS

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

CREDIT SHELTER TRUST

See AB trust.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.