Probate

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Pay on Death (POD) and Transfer on Death (TOD) Defined

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Learn the difference between Pay on Death (POD) and Transfer on Death (TOD) designations, and how Indiana law affects non-probate asset transfers.

What Happens If You Die Without a Will?

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In Indiana, if you pass away without a Last Will and Testament, your assets are divided among your heirs in accordance with Indiana Intestacy laws.

Pay on Death (POD) and Transfer on Death (TOD): Pros and Cons

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A payable-on-death (POD) or transfer-on-death (TOD) designation to an account allows the funds in that account to be passed to the named beneficiary or beneficiaries when the account holder dies.

How Is a Disclaimer Helpful When a Spouse Passes with a Pour-Over Will?

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A legal disclaimer can be helpful for a surviving spouse with a pour-over Will by allowing assets solely owned by the deceased spouse to bypass the Family Trust and be transferred directly to the children, avoiding complex trust management and potentially unnecessary tax strategies.

What Is Elder Law? A Guide to Legal Planning for Seniors

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What is Elder Law, why should I seek advice & counsel from an Elder Law attorney, and at what age should I begin?

Do You Need to Share Your Estate Plan with Heirs?

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The toughest part of an estate plan may be just getting started. Taking the time to think through what you want and what is best for your loved ones and heirs can be a difficult, but rewarding, task.

Four Common Beneficiary Mistakes in Indiana Estate Planning

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Choosing beneficiaries for your financial accounts, like retirement funds, life insurance, and bank accounts, seems simple, but mistakes can lead to serious problems. One common pitfall is failing to update your beneficiaries.

What Is a Small Estate? Simplifying Probate for Families

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When a loved one is lost, the family needs to determine if probate administration is necessary to help transfer assets to the heirs.

What is a Transfer on Death (TOD) Deed, and Should I Have One?

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What is a Transfer on Death deed, and should I have one?

What is an Estate’s Personal Representative, and How is One Appointed?

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A personal representative is the individual appointed by the Court to oversee the management of a decedent’s estate. Their duties often include simple tasks such as bill pay, but also sometimes include the difficult duty of marshaling, locating, and organizing, the decedent’s property. This individual typically works closely with an attorney who helps them throughout the probate process.