Recent Articles

misleading direct mail solicitations

July 07, 2009 14:42

If you're a registered agent for an Indiana business, then you've received this junk mail before now. Problem is many people don't understand that the mailers described below are just commercial solicitations, probably because of the misleading and confusing badges of "official-dom" that are...

custody of minor child of decedent?

June 27, 2009 21:57

The death of the "King of Pop" music Michael Jackson and its coverage reminds parents of the question, "what happens to our kids if we both die before they're adults?"Generally, and certainly in Indiana, a person may nominate a guardian in a last will and testament. Such a nomination is just one...

litigation begats itself

May 29, 2009 16:04

Litigation begats itself. After years of lawsuits, and the ouster of the top lawyer/ executive, another round in the squabble begins. Excellent coverage of this lawsuit by numismatist, journalist, author,and attorney David Ganz....

settlement of "dry estates"

April 17, 2009 16:23

A cautionary note and wise suggestion from esteemed colleague Jim Voelz, Esq., of Columbus Indiana:Just FYI. We have had a number of "dry estates" (as we call them) come into our office for settlement.What seems to happen frequently is that the bankers, brokers, and financial advisors are advising...

pro se or "do it yourself" wills

April 17, 2009 15:02

Sometimes people decide to write their own wills. They do this for various reasons but usually because of the expense of hiring a lawyer. Now, even though hiring a lawyer to prepare a will is one of the least expensive jobs a lawyer may do for folks, still the expense is deemed too much by...

living will- a joke.

April 10, 2009 18:17

Thanks to Sherri Elder Esq of Fishers Indiana for this joke.MY LIVING WILLLast night, my wife and I were sitting in the living room and I said to her,“I never want to live in a vegetative state, dependent on some machine and fluids from a bottle. If that ever happens, just pull the plug.” She got...

family loans

March 25, 2009 19:40

Sometimes parents want to loan money to their kids.This can be a potent estate planning tool. It can also be a lot of trouble. For kids who receive money they couldnt get from a bank-- we all know now, how easy credit can destroy-- and for parents, who can have the devil of a time being repaid.Or...

pro se or "do it yourself" wills

March 16, 2009 19:34

Someone asked me what I think of people writing their own wills. I have a few things I usually say but the topic came up with some other lawyers and a gentleman shared this poem:The Jolly TestatorYe lawyers who live upon litigants’ fees,And who need a good many to live at your ease,Grave or gay,...

lawsuit about Indiana jurisdiction over an Ebay sale

March 16, 2009 13:23

Fascinating case up to the Indiana Court of Appeals on the issue of jurisdiction arising out of an Ebay transaction-- or not.Seller of Porsche sued buyer for recission of the contract, after the buyers picked up the car in Indiana. Sellers wanted damages, after the buyers rescinded payment. Sellers...

inheritance rights of adopted relatives

February 27, 2009 20:49

Can you inherit from a biological parent, if you've been adopted by someone else? The answer under the Indiana Law of Intestate Succession is no. But.But what if you've been adopted by a grandparent? Read this case.http://www.ai.org/judiciary/opinions/pdf/01300902jsk.pdfIn Re the Paternity of...