Indiana Estate Planning Fundamental

Offices in Fishers and Rockville, serving all surrounding Cities

Summary

Most people do not realize that everyone over the age of 18 years already has an estate plan. The Indiana laws of intestacy govern what happens to your things after death. However, the plan that the state has laid out in the laws of intestacy may not match an individual’s wishes. An estate plan that is properly drafted and executed can replace the state’s plan and allow you to express your own intent and make sure all of your wishes are carried out after death.

An estate plan can include the following documents:

Last Will and Testament

A Last Will and Testament has no authority until after death. It is a way for you to lay out your wishes so that your assets are not distributed based on the laws of intestacy. In a Last Will and Testament you can name a Personal Representative, someone you trust to manage your estate after your death. You also can name specific bequests, or designate items to certain people. If you are a parent with minor children, you can name guardians to care for your children after death. A Last Will and Testament serves many purposes as part of a complete estate plan; however, it does not help an estate avoid probate.

Trust

If one of your goals is to avoid probate, establishing a trust is the way to go. In addition to probate avoidance, there are many other advantages to establishing a trust. Your assets can pass to the beneficiaries or heirs immediately upon your death. We like to say, “Your estate is settled in the conference room instead of the courtroom.” Some trusts can result in tax advantages for you, as the trust’s creator, and your heirs. There are some trusts that help you protect your assets from the cost of long-term care, lawsuits, and other creditors. A well-drafted trust lays out a plan for how you want to manage your assets during your lifetime if you become incapacitated as well as after your death.

General Durable Power of Attorney

A General Durable Power of Attorney names a person to make legal and financial decisions on your behalf. It essentially gives another individual the right to sign your name. Power of Attorney terminates upon the death of the maker.

Health Care Representative

A Health Care Representative document allows you to name the person you want to make health care decisions on your behalf if you become incapacitated or unable to make decisions on your own. It allows you to express your wishes for end of life treatment and organ donation. This person will also be responsible for enforcing your Living Will.

Living Will

A Living Will only allows you to express your wishes in regards to artificially supplied nutrition and hydration.