Will Writing Service in Indiana

Having a will, often referred to as a “last will and testament,” can assist you in safeguarding both your family and your property. A will can be utilized to:

1.       Bequeath your assets to individuals or institutions.
2.       Designate a guardian to care for your underage children.
3.       Select a reliable individual to oversee any property you bequeath to your underage children and
4.       Appoint an executor who will ensure the effective execution of your will.

How much does it cost to write a will in Indiana?

In Indiana, an attorney typically charges between $300 and $1,000 for the preparation of a will. However, do-it-yourself (DIY) kits cost as low as $10.

Can I write a will without a lawyer in Indiana?

Yes, you can write a will without a lawyer in Indiana, although it is advisable to consult one to avoid making an invalid will. Contact LegalPen for the best solutions on how to make a will in Indiana.

Is it legal to write your own will in Indiana?

Yes, it is legal to write your own will in Indiana, and you are not obligated to consult a lawyer for advise on how to write a will in Indiana.

Does a will in Indiana need to be notarized?

No, a will in Indiana must not be notarized per Indiana will requirements. However, notarization might enhance the efficiency of the probate process. When a will is notarized, the probate court does not need to summon witnesses to verify its legal validity.  

Do I need a lawyer to make a will in Indiana?

No, you do not need a lawyer to make a will in Indiana. Making a will in Indiana can be done independently, but consulting a lawyer to help you navigate the legalities is always advisable, especially for complex estates.

Do I need a lawyer to file a will in Indiana?

No, you do not need a lawyer to file a will in Indiana. However, a lawyer is advisable when dealing with a complicated estate or navigating the legal system and probate process.

Are online wills legal in Indiana?

Yes, online wills are legal in Indiana. Further, Indiana is among a few jurisdictions that formally permit electronic wills (e-wills).

How to include digital assets in an Indiana will

Including digital assets into an Indiana will necessitates that you:

1. Initiate the process by thoroughly evaluating all your possessions, including digital and non-digital belongings.
2. Additionally, you must make a decision on the distribution of your assets and the choice of your beneficiaries.
3. Create a final will and testament that explicitly states your wishes. Where you have already drafted a valid legal will that addresses your non-digital assets, you can supplement it with a codicil to incorporate provisions for your digital assets. 
4. Appoint a digital fiduciary.

Ensure that you save the login credentials for your digital accounts in a safe place and that a person you have designated as your digital fiduciary is aware of how to access your data in case you become unable to do so or pass away.

How to disinherit someone in an Indiana will

One can effectively disinherit someone, even lawful heirs, by explicitly stating in their will their intention to disinherit them. Courts are only willing to exclude heirs from inheritance if a will demonstrates an intention to do so. Justifying disinheriting someone is not obligatory, but a rationale might explain to the person deprived of their inheritance. Nevertheless, if the cause for disinheritance no longer exists, it may provoke a legal challenge to the will.

Spouses are the only ones who are exempt from disinheritance in general since when an individual attempts to disinherit them, they can elect to take against the will. When all debts and obligations are subtracted from the entire worth of the testator’s personal and real estate assets, the law in Indiana stipulates that a spouse has the right to receive fifty per cent of the total value of those assets. However, an exemption is applied where the surviving spouse is a second or subsequent spouse, the spouse did not have children with the decedent, and there are surviving children or grandchildren from the decedent’s prior marriage. Where the specific conditions are present, the surviving spouse is entitled to receive one-third of the inheritance and 25% of the residual fair market value of the estate after subtracting any liens and encumbrances on the deceased person’s real property.

How to handle debts and liabilities in Indiana will

Handling debts and liabilities in Indiana will usually entail three steps:

1. The decedent’s financial records are submitted in court by the executor. A list of all known financial commitments and an inventory of assets may be necessary. The testator must further file the will or other testamentary documents with the appropriate court for examination.
2. Notifying creditors of the commencement of probate proceedings by the executor. Notification to known creditors should generally be sent in writing. Publication of notification to unidentified creditors is additionally required. The next step is to hold off on distributing the estate’s assets to beneficiaries until all creditors can make claims in probate court.
3. Particularly when an estate does not have the means to pay off all of an individual’s obligations, an executor is responsible for ensuring that the debts are paid in the appropriate order in accordance with Indiana laws. Mistakes of a minor nature might result in significant financial liabilities.

How to provide for minor children in Indiana will

Appointing a guardian to care for minor children is one way of providing for minor children in an Indiana will. A guardian assumes responsibility for the dependents in the event of the individual’s death before the dependents reach adulthood.

Establishing a trust is another way to provide for minor children in an Indiana will. A trustee is appointed to oversee and manage assets for the beneficiary’s exclusive benefit.

How to store your Indiana will safely.

To safely store your Indiana last will and testament, you must utilize a reliable facility such as a safety deposit box or a fire-resistant home safe, an attorney’s office, or the probate court. Ensure that you balance safety and access to the will when you pass on. Should your executor or family be unable to retrieve the will, intestacy laws will be applied.

How to contest a will in Indiana

Proving that you have the legal right to dispute a will is the first stage in contesting a will in Indiana. Per the legislation, only interested parties can submit a contest. This indicates that the individual must demonstrate that they have a link to the family, a connection to the company, or that they are a potential heir. 

After the court has determined that the individual has a legitimate interest in the estate, the individual must present a foundation for the challenge. This may be placed under several different categories, including undue influence, lack of testamentary capacity, and fraud. The interested party is then required to file a probate petition. 

What are no-contest clauses in Indiana wills?

No-contest provisions are specifically crafted to preempt estate disputes. Although the specific language may differ across different wills or trusts, they all fundamentally establish a similar strategy by informing beneficiaries that they will forfeit everything they have the potential to receive if they attempt to contest the will.

What is the difference between probate in Indiana and Missouri?

A major difference between probate in Indiana and Missouri is that in Indiana, estates valued at less than $50,000 are transferred to heirs through the small estate administration process, while in Missouri, a small estate is defined as property that has a worth of $40,000 or less once all obligations have been settled upon the owner’s death. For a will writing service in Missouri, contact us for a free will writing quote.

How to handle foreign property in Indiana will

Like out-of-state property, foreign property in Indiana will be dealt with through ancillary probate. Some foreign jurisdictions’ inheritance rules may clash with one’s disposition interests. Thus, it’s important to be familiar with such laws.

How to Make a will for same-sex Couples in Indiana

When considering how to write a will in Indiana for same-sex couples, it is essential to reflect on the distinct obstacles they encounter, including legal recognition, inheritance rights, and parenting rights. The need for careful estate planning for same-sex couples arises from the complex legal landscape and the possibility of familial alienation, despite the Supreme Court’s 2015 ruling that states must recognize same-sex marriage. Same-sex couples wondering how to make a will in Indiana should consult LegalPen.

How to plan for pet care in your Indiana will

Establishing a trust creates a plan for pet care in your will. Since 2005, Indiana law has permitted the creation of a trust to care for pets. Essentially, pets are unable to possess property in their own right. A caretaker, or trustee, is designated to oversee the care of the pets. Additionally, the caretaker may get a stipend or remuneration as part of the pet trust.

How to handle business succession in Indiana will

Business succession in Indiana should ensure that the structure of your business is according to your succession plan. Examples of business structures include a sole proprietorship and a limited liability company (LLC).

An effective business succession plan encompasses more than simply choosing a successor. The process entails evaluating several variables, including legal and financial consequences, tax concerns, and potential dangers linked to the transfer. A well-designed strategy may protect the interests of both the business and the owner’s family. By laying the groundwork for an orderly transfer of power and responsibility from one generation to another or a named beneficiary, business succession planning guarantees the survival of a company and its continued prosperity.

Any business has a considerable challenge in maintaining commercial operations when the individual who founded the business has passed away or become incapacitated. Without a succession plan, possible successors inside the company may engage in disputes with one another, which could result in the dissolution of the company, the initiation of legal action, and the possibility of the company filing for bankruptcy. This holds especially true for firms that families own.

How to handle out-of-state property in Indiana will

Out-of-state property in an Indiana will is handled through ancillary probate. Ancillary probate is necessary when a dead person has assets in multiple states. When a person dies, primary probate processes occur in the state where they lived, but ancillary probate is required to handle any property they owned in other states. This method guarantees that all assets are appropriately allocated per the law.

What is the difference between holographic wills and statutory wills in Indiana?

Although Indiana does not have a statutory will, it recognizes written and nuncupative (oral) wills. However, it prohibits the use of holographic wills, which are handwritten wills. A holographic will is a testamentary document that is totally handwritten and signed by the testator. It may or may not require the signatures of additional individuals, but the testator must always sign it.

A will transcribed by someone else and signed by the testator is typically not regarded as a holographic will. Usually, individuals produce a holographic will when they need to make urgent modifications to their will due to an emergency or when confronted with approaching death.

Indiana prohibits the acceptance of holographic wills that are only handwritten and signed by the testator. A written will must adhere to all the criteria for wills to be legally binding. Wills must be signed in the presence of two witnesses who know you are signing your will. These witnesses, who must be at least 18 years old at the time of the will’s execution, must additionally sign the document. The witnesses must be impartial third parties who are not beneficiaries of your will (called disinterested witnesses).