In the current low interest rate environment, cemetery trusts may be struggling to generate enough income to cover the cemetery’s maintenance and care expenses. In recent years, there have been legislative changes in Indiana to address, in part, this issue. One of those changes is that the Indiana Code now allows a perpetual cemetery trust to be converted to a total return unitrust, pursuant to ...Read More ...
Estate Planning
Electronic Execution of Estate Planning Documents
With the current pandemic, the issue of electronic execution of will, trusts, and other estate planning documents has risen to the forefront. There is already legislation in place in Indiana regarding electronic execution of such estate planning documents. In 2018, Indiana passed legislation for the execution of electronic wills, trust, and other estate planning. The statute, however, has clear ...Read More ...
Ownership of Real Property
Not all forms of ownership of real property offer the same rights and obligations to the owners of the property. The type of ownership of real property determines how the property is titled, the rights each owner has in the property, and how ownership in the property can be terminated. There are three different types of real property ownership: tenants in common; joint tenants with rights of ...Read More ...
COVID-19 Scams
The Cybersecurity and Infrastructure Security Agency (CISA) is warning individuals to remain vigilant for scams related to Coronavirus Disease 2019 (COVID-19). Scammers are setting up websites to sell bogus products and using fake emails, texts, and social media posts as a ruse to take your money and get your personal information. These schemes include asking people to donate to victims, ...Read More ...
Adoption of an Adult
States differ on their procedures and policies pertaining to the adoption of an individual over the age of majority. In Indiana, for purposes of adoption, a person reaches the age of majority and is considered an “adult” at age eighteen. Adoption of an adult creates the same legal relationship with the adoptive parents as an adoption of a minor child. The individual’s birth certificate and name ...Read More ...
Guardianship Basics
Sometimes the need arises for a guardianship to be filed for the protection of an incapacitated adult or a minor child. A guardianship is a legal relationship granted by the court that provides the guardian with the ability to act on behalf of the protected person. A guardianship can be granted over the “person,” which is the ability to make decisions about the person’s day-to-day living and their ...Read More ...