Indianapolis Probate And Estate Planning Attorneys

Crafting an estate plan has two major effects. It protects your assets from estate tax and costs, including probate, for the benefit of your heirs. The second thing an estate plan does is provide your family with a plan for the future, so they know what to do and have confidence about what comes next.

At Dixon & Moseley, P.C., the firm’s attorneys provide clients in Indianapolis with the insight and information that are necessary to make smart decisions about big moments. Few things are bigger than planning for what happens when you pass away, but with the help of the legal team at Dixon & Moseley, P.C., you can give your family the control and clear plan they need to move forward.

The Creation Of An Estate Plan

An estate plan is a large collection of documents that work together to manage the personal and financial needs of a person when they cannot. These documents can include:

• Power of attorney: This is the power designated to an individual to make financial decisions for someone when they are unable to.
• Wills: Any sort of document that outlines your wishes for your assets after you pass
• Trusts: A financial protection tool which can and will allow your assets to avoid probate provided it is implemented correctly
• Advanced directives: The tools by which your healthcare choices will be decided if you are incapacitated

There are many possible tools at your disposal for an estate plan. But the best way to employ the right tool is to have a thorough, open discussion with an attorney at Dixon & Moseley, P.C..

FAQ On Estate Planning And Probate

The driving motivation for people to get an estate plan can be a life change. It can also arise after witnessing the unique, painful chaos created by a weak or nonexistent estate plan for someone else. No matter your motivation, you will likely have a lot of questions that deserve answers, and you can find answers to some common questions below.

What is the difference between supervised and unsupervised estate administration?

The difference between supervised and unsupervised estate administration is how much the court oversees the disposal of the estate. In supervised administration, the court has a heavy hand in the actions taken by the personal representative of the estate. In unsupervised, the court has very little participation. Typically, supervised administration happens when there is a probate dispute for the estate. This can be a costly outcome.

How does a revocable living trust prevent assets from passing through court-supervised probate?

A revocable living trust, with assets assigned to it, becomes an irrevocable trust upon the passing of the grantor. Once those assets are moved to the trust, they are no longer in the grantor’s estate and are not subject to any sort of probate.

Can a last will and testament be contested, and what are the legal grounds required to challenge it?

Yes, a will can be contested. Typically the grounds must have some basis that the will is not valid because:

• The will was written when the deceased did not have capacity.
• The will was written when someone had undue influence over the deceased.
• The will was written fraudulently and is not the actual will.

Fraud, multiple wills or any other dramatic turn of events can be the basis of a will contestation. But then, so can more mundane outcomes such as lack of witnesses to a will or some other procedural failing. Regardless, the impacts of such an outcome are always difficult for all sides.

Get Experienced, Caring Attention To Your Needs In An Estate Plan

As experienced litigators, the attorneys at Dixon & Moseley, P.C. know the risks and pitfalls of building an estate plan that cannot withstand scrutiny. The firm will help you do what you need to do to protect and support your family when they need it the most. Call 317-350-4108 today or send an email using this form.