Johnson, Carroll, Norton, & Kent P.C.Johnson, Carroll, Norton & Kent P.C.2026-11-14T21:17:18Zhttps://www.jcglaw.com/feed/atom/WordPressOn Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[What does digital estate planning address?]]>https://www.jcglaw.com/?p=503632026-11-14T21:17:18Z2026-11-14T21:17:18Zdigital assets as well as your physical ones. Here are a few examples.
Social media accounts
While most people’s social media accounts do not have any monetary worth, it is still important to address what happens to them when you die. You can do this in the accounts themselves, with options including taking the account offline when you die, leaving it online as it is, or passing control of it to someone else.
Digital subscriptions
You may have made regular payments for Netflix, Spotify or other streaming services, or even just satellite TV. You don’t want payments to keep coming out of your account after you have gone, but you may have family members you have permitted to benefit from access (such as if you have a family or multi-person account).
You may also have paid to download media, such as movies or books. It’s important to understand whether you have the right to pass these on to others (and if so how you can do so) or the right to make use of that media dies with you (which is often the case). Remember, downloading something doesn’t mean you own it- it’s often just a license to use or view it.
Cryptocurrency, NFTs and similar investments
There are multiple ways of investing money in the virtual rather than physical world. They typically come with high levels of privacy and security, which is what attracts many to them. This can create problems if you are not clear about ensuring that someone has the access needed to benefit from them after you are gone.
As this is a relatively new area of estate planning, and the laws are still evolving, it’s important that you seek experienced legal guidance to incorporate your digital assets along with your physical assets into a comprehensive estate plan.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[3 reasons to put life insurance into a trust]]>https://www.jcglaw.com/?p=503592026-11-02T06:25:44Z2026-11-02T06:25:44ZMany people who purchase a life insurance policy simply name a specific beneficiary, such as their eldest child. That child receives the payout when they pass away.
But there is another option, which is to put the life insurance policy into a trust. Upon the person's passing, the insurance policy pays out into the trust, and the trustee makes distributions to any beneficiaries named in the trust documentation. There are many potential reasons to use this tactic, but let's look at three of them below.
Splitting between multiple beneficiaries
First and foremost, you can use the trust to distribute money to multiple beneficiaries. If you have a large family and want to ensure that the money is divided fairly and evenly, you may see this as a simpler tactic than naming multiple beneficiaries on the insurance policy itself. The trust just holds all of the money, and you can give the trustee whatever instructions you would like about how and when distributions should be made.
Maintaining eligibility for benefits
In some cases, beneficiaries qualify for certain benefits, such as Medicaid. If you are worried about disqualifying them from benefits if they receive a large payout from the life insurance policy, putting the money into a properly structured trust may help preserve their eligibility.
Holding money for young beneficiaries
Finally, a trust can be helpful if you have young beneficiaries who are still minors. At the very least, you may want the trust to hold the money until they turn 18. You can also pick other ages at which distributions should be made.Having control over what happens to the payout is a major reason to use a trust. Make sure you know what legal options you have when setting up your estate plan.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[What happens if you sign a trust but don’t fund it?]]>https://www.jcglaw.com/?p=503572026-10-22T15:31:34Z2026-10-22T15:31:34ZYour trustee has no trust property to manage
If you transfer no assets into the trust, your trustee has nothing to manage under its terms. The trust document may name a successor trustee and describe how to handle property, but those instructions apply only to ones held in the trust.
Your assets follow their existing arrangements
Property that remains in your name generally passes according to its ownership, beneficiary designation or will, rather than under the trust’s instructions. If no other arrangement provides similar instructions, the property may need to go through probate.
A pour-over will can direct certain property into your trust under Indiana Code § 29-1-6-2, but it generally does not avoid probate for that property.
Your trust’s distribution plan may not apply
If your trust directs a trustee to hold an inheritance for a child or distribute it over time, those terms generally will not control assets that never enter the trust. For example, an account with a named beneficiary may pass directly to that person instead of being managed under the trust’s terms.
Check whether the trust holds the property you intended
An unfunded trust may leave your trustee without property to manage and your assets subject to other transfer arrangements. Your attorney can review your trust alongside property titles, account ownership and beneficiary designations to determine whether assets reached the trust or require another plan.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Is your estate plan outdated? Why regular reviews matter]]>https://www.jcglaw.com/?p=503552026-10-16T22:19:58Z2026-10-16T22:19:58ZWhat happens if you never update your estate plan?
An outdated estate plan doesn’t become invalid just because it’s old. However, it may no longer accomplish what you intended and could lead to unfortunate consequences.
Your will may name an executor who has died, or outdated beneficiary designations may direct insurance or retirement benefits to an unintended recipient. Inadequate planning for incapacity may leave loved ones facing additional legal steps to manage your affairs.
Regular reviews help ensure that your plan continues to reflect your wishes and that the people you have chosen to carry them out are still appropriate.
Life changes that warrant a review
No one review schedule works for everyone, but a reasonable benchmark is to review your estate plan every three to five years. Some circumstances deserve particular attention, such as:
Marriage, divorce or remarriage
The birth or adoption of a child or grandchild
Significant changes in your finances
Changes in family relationships
Death of an executor, power of attorney or beneficiary
Moving to another state
Changes in tax laws
Changes in estate planning goals
Your estate plan should reflect your life today -- not your circumstances when you first created it. Reviewing your will, trusts, beneficiary designations, powers of attorney and health care documents can help ensure that your arrangements remain consistent with your wishes and goals.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[How can you divide your estate between family and charity?]]>https://www.jcglaw.com/?p=501772026-08-21T16:39:31Z2026-08-21T16:39:31Zleave property to family and charity. The right approach often depends on which assets each document covers and when you want your beneficiaries to receive them.
Dividing property through your will
Your will controls the property that becomes part of your probate estate after you die. It does not control every asset you own. For example, property already held in a trust follows the instructions in that trust instead.
Through your will, you can leave a charity a fixed amount, a percentage of your estate or a specific asset. The option you choose affects how much remains for your family.
A percentage gift changes as the value of your estate changes. A fixed gift stays at the amount you name. If your estate later grows or loses value, that fixed gift could leave a larger or smaller share for your family than you first expected.
Using a trust for more control
A trust offers more control over when beneficiaries receive property. You name a trustee to manage the assets and follow the instructions in the trust.
This may help if you want family members to receive their shares over time instead of all at once. You can also direct some trust property to charity while leaving the rest for your relatives. The trust can state what happens to property that remains after a family beneficiary dies.
Reviewing the plan together
You may want to review your will and trust to see which assets each document covers and how you divide them between family and charity. Consider gathering current records for your major assets before making changes. That information could help you spot outdated terms and prepare for the necessary legal steps.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Talking to adult children about your estate plan]]>https://www.jcglaw.com/?p=501492026-10-09T19:32:49Z2026-04-23T09:54:30ZMany people think that they can forget about their estate plan once they have it made. They don’t realize that they may have to take the time to go over it with their adult children. Conversations about estate plans cover topics like wills, trusts, medical wishes, end-of-life planning and inheritances, all of which can feel uncomfortable. Even though it might not be the most pleasant conversation, letting your adult children know what to expect is still a good idea. This gives them a chance to ask questions about your plan and provides you with the opportunity to explain anything you think they may need to know.
What should you talk about?
You don’t necessarily have to go over every detail that’s in the estate plan. Instead, you can touch on the basics, such as who will handle your finances and who will make medical decisions for you. This is also a good time to let them know where they can find your important documents, which can save them considerable time and effort after you pass away.
When should you talk to them?
These are private conversations that shouldn’t be rushed. Because of this, it’s a good idea to talk to them somewhere that everyone can feel open and at a time when there’s not anything pressing that will make anyone feel like they have to hurry. Be sure to leave time for your family members to ask questions or get clarifications if they need to. It’s a good idea to go into this discussion with the estate plan in hand and an idea of what you want to discuss. Working with someone familiar with these matters may be beneficial, so they can help you to ensure you have everything covered.
]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[4 key benefits of a revocable living trust]]>https://www.jcglaw.com/?p=501022025-09-07T11:25:48Z2025-09-07T11:25:48ZYou can avoid probate
When you die, your property goes through a legal distribution process known as probate. Depending on your estate’s size and the complexity of your case, the probate period may range from a couple of months to several years to complete.
When you create an RLT, you help skip probate for most of your assets and property by enabling a faster way to transfer their ownership rights to your beneficiaries after your death.
You can keep your wealth private
Like most states in the country, probate hearings in Indiana are open to the public, which may place a strain on your family’s privacy and relationships. When you have an RLT, you help protect your family’s well-being by maintaining full confidentiality of your wealth and your trust’s distribution details.
You can update your document
Unlike an irrevocable living trust (which cannot be changed), you are free to update your revocable living trust as many times as you would like during your lifetime. This means that you have the flexibility to revise your appointed trustees, list of beneficiaries, assets and distribution terms.
You can also dissolve your RLT at any point in your life if you wish to.
You can protect yourself in case you become incapacitated
One of the main benefits of having a valid RLT is that it lets you to name a successor in case you become incapacitated. This means that if you become physically or mentally incapable of managing your own affairs, your successor trustee can take over the management for you without requiring power of attorney.
A living trust can protect your future
By understanding what a revocable living trust is and what makes them beneficial, you can weigh your options better and pursue a course of action that best aligns with your financial goals and personal circumstances.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Why it’s unwise to show favoritism during estate planning]]>https://www.jcglaw.com/?p=500662025-07-30T09:38:41Z2025-05-28T12:32:07ZEstate planning should provide clarity, prevent confusion and give you and your loved ones peace of mind. However, a common and often costly mistake people make during this process is choosing to favor one heir or beneficiary over another. Whether it stems from a closer emotional bond, a perceived need or unresolved family dynamics, playing favorites in estate planning can lead to serious emotional, legal and financial consequences.
The emotional fallout
When one child or relative is given a larger share of the estate or entrusted with greater responsibility, it can breed resentment, jealousy and lasting rifts. What you may view as a rational or compassionate decision could be perceived as betrayal by others. Even subtle favoritism—like giving a sentimental heirloom to one child while giving another a generic gift—can trigger emotional pain. The legacy you leave behind should ideally be one of love, fairness and unity.
Legal challenges and disputes
Favoritism can also open the door to costly and time-consuming legal battles. Disinherited or less-favored heirs may contest the will, alleging:
Undue influence
Mental incapacity
Fraud
This not only delays the distribution of assets but can also deplete the estate through legal fees. If the favored individual was actively involved in your affairs toward the end of your life, it might strengthen suspicions of manipulation or coercion, regardless of their actual intentions.
Alternatives to playing favorites
If one heir has greater financial needs, such as a disability or caregiving role, consider addressing it explicitly in your estate plan. Trusts can be set up to provide for their unique needs without significantly altering the inheritance of others. Communication is key; explain your reasoning to all parties in advance, ideally in writing or through family meetings, to avoid shock or confusion during estate administration. While it may seem natural to favor certain family members, doing so in your estate plan is rarely wise. With hands-on legal guidance, you can develop a well-thought-out, equitable estate plan that helps ensure your legacy is one of peace and unity. ]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Common types of undue influence in estate planning]]>https://www.jcglaw.com/?p=500472025-03-17T13:01:52Z2025-03-17T13:01:52ZEstate planning helps ensure that your assets go to the right people after your passing. However, this can only happen if your true wishes are reflected in your estate planning documents.
Unfortunately, some individuals exploit vulnerable people to manipulate their will or trusts. This is known as undue influence, and it can lead to unfair distributions and legal disputes. Below are some common types of undue influence in estate planning.
Family pressure
Family members often have the most access to aging or ill relatives. Some may use this position to pressure a loved one into changing their estate plan. This could involve emotional manipulation, threats or even isolating the person from other family members. The goal is to gain a larger share of the inheritance or exclude others from receiving assets.
Caregiver manipulation
Elderly or disabled individuals often rely on caregivers for daily needs. In some cases, caregivers use this dependency to exert control. They might convince the person to rewrite their will in their favor by offering extra care, withholding assistance or making false claims about family members. This type of influence can be difficult to detect, as caregivers often have significant control over the individual’s environment.
Undue influence isn’t always subtle
Some individuals use direct threats or coercion to manipulate estate plans. Family members, caregivers or others in positions of power may pressure a vulnerable person by threatening to withdraw care, evict them or cut off financial support unless they change their will.Unlike subtle manipulation, this form of undue influence often leaves evidence, such as messages or witness accounts.Undue influence has no part in estate planning, and an estate plan must reflect only the true wishes of the creator. If you suspect undue influence, it may be in your best interest to seek legal guidance. ]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Creating a trust to protect beneficiaries in difficult situations]]>https://www.jcglaw.com/?p=500142024-11-12T18:04:05Z2024-11-12T18:04:05ZStruggling with substance abuse disorders
Individuals with substance abuse disorders do not always act in their own best interests. They sabotage their careers and close relationships. They commit crimes while attempting to access their substance of choice. They can even endanger their own health by using particularly dangerous substances or consuming large amounts of drugs or alcohol. Trusts can be a way to prevent beneficiaries from using resources to fund their addictions. They can also help prevent a scenario in which an individual loses their inheritance because of court-imposed fines or a civil court judgment related to their misconduct.
Facing financial hardship
People who are successful often help their children and grandchildren achieve success as well. However, not everyone benefits from having successful family members. They may live beyond their means, take on too much student loan debt or have a medical emergency that leaves them with hundreds of thousands of dollars in financial obligations. An inheritance could be vulnerable to litigation and collection activities. It could also cut people off from state aid. Individuals who recognize that their loved ones struggle with financial management or unsustainable levels of debt can protect the inheritance intended for those people by using it to fund a trust.
Marrying the wrong person
It is difficult to watch a family member struggle through a problematic marriage. While families may encourage people to move on from unhealthy relationships, they can't force a loved one to divorce. Still, the possibility of a future divorce can make people feel rather anxious about leaving an inheritance for someone in an unsustainable marriage. A trust is a way of providing assets for a loved one who may divorce in the future and could be at risk of losing part of their inheritance during that process.
Trusts can also be beneficial in scenarios where a beneficiary has special needs or an individual creating the trust wants to leave resources for minor children or pets. These are just a few of the reasons that adding a trust to a comprehensive estate plan can be a smart decision that may benefit the trust creator and the people they love.]]>