Johnson, Carroll, Norton, & Kent P.C.Johnson, Carroll, Norton & Kent P.C.2026-08-05T14:05:14Zhttps://www.jcglaw.com/feed/atom/WordPressOn Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Undue influence can lead to estate disputes]]>https://www.jcglaw.com/?p=501752026-08-05T14:05:14Z2026-08-05T14:05:14ZWhen someone makes an estate plan, it is important that they are not influenced by outside sources or individuals. They need to have the free will to draft the estate plan exactly the way that they want.
If someone else manipulates them or convinces them to make alterations to that plan, or to draft the plan in a certain way, this can lead to claims of undue influence. This will sometimes lead to estate disputes after a person passes away, as other beneficiaries may claim that the plan does not accurately reflect their true wishes.
A position of power
In order to manipulate someone, another individual is often in a position of power. They use this position to alter the estate plan, typically in a way that favors them.For instance, perhaps a parent initially wrote an estate plan that left all of their financial assets to their three adult children. These children knew what the plan said and had discussed how assets should be divided.As that parent aged, they hired an in-home caregiver to provide assistance. When the parent passed away, the children found that last-minute alterations had been made to the estate plan, directing a significant portion of the assets to the caregiver and away from the direct descendants.Those beneficiaries may argue that the caregiver abused their position of power. Perhaps they threatened to withhold the care that the elderly person needed if they were not included in the estate plan.
Navigating estate disputes
Estate disputes revolving around undue influence, among many other factors, can grow both complex and contentious. Those involved need to know exactly what legal steps to take.
]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Creating a will? Make sure to include your digital assets]]>https://www.jcglaw.com/?p=501722026-07-28T12:28:03Z2026-07-28T12:28:03ZElectronic information plays a larger role in today's daily life, and many people now hold valuable online property. Planning for these items when creating a will is essential for a solid estate plan.
Digital assets vary widely, so a will should address each category with precision. Overlooking this step can create delays and confusion.
Understanding digital assets
Digital assets include online accounts, stored files, cryptocurrency and similar items with financial or personal value. A will identifies these assets and explains how they should be accessed or transferred. Examples include:
Email accounts
Social media accounts
Online financial accounts
Cloud storage files
Lucrative cryptocurrency holdings
A complete inventory helps ensure that nothing important is missed during estate administration.
Authorizing access under Indiana law
Indiana has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which outlines how fiduciaries may access digital property. A will can grant specific authority to manage these items under that statute. Access instructions should match the platform requirements and should be written in a way that aligns with current legal standards.
Organizing information for future use
Since passwords and security tools can block access, digital assets require careful organization. A separate document can store login details, recovery keys and similar information. Consider including:
Password lists
Two-factor authentication instructions
Device access codes
Storage locations for important files
Contact information for account providers
A secure storage method protects sensitive information while helping ensure fiduciaries can locate what they need.Digital assets can change often, making regular updates essential to keep instructions accurate. Reviewing your accounts and access tools under the guidance of a legal professional can help you rest easy knowing that your estate plan reflects your current digital holdings.
]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Report: Most people don’t have a will]]>https://www.jcglaw.com/?p=501702026-07-16T17:26:55Z2026-07-16T17:26:55ZAccording to some reports, it is actually not that common for Americans to have a will or an estate plan. These reports claim that roughly two out of every three Americans have not made a plan yet, so only around 33% of Americans have a will on file.This can create some significant issues if someone passes away before they get around to making an estate plan. Their family may be more likely to get into disputes, for example, and they may not have the guidance they need when it comes to dividing a person's estate, distributing an inheritance or making medical decisions.
Why don’t more people make a plan?
There are numerous reasons why people do not create an estate plan, starting with the fact that many of them are simply putting it off. They may think that they are too young to make an estate plan, for example, and that they can do it in the future. They understand that having a plan is valuable, but they mistakenly believe they do not need it yet.In other cases, people are not convinced they need a plan at all. Someone may think that estate planning is just for the wealthy, for example, without realizing that an estate plan can address low-value family heirlooms, future medical choices, guardianship of a child and many other things that apply to couples in every income bracket.
Do you still need to create an estate plan?
Estate planning can be beneficial at any age, and an estate plan that is created early can always be updated as life changes. If you are in the majority of Americans who have not gotten around to making a plan yet and you want to rectify that issue this year, be sure you know what legal steps to take.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Using life insurance to supplement trust funding]]>https://www.jcglaw.com/?p=501662026-07-03T03:14:47Z2026-07-03T03:14:47ZThe trust can be the policy beneficiary
Trusts can assume ownership of financial accounts, real estate and businesses. For people without enough resources to provide ongoing support for dependent family members, using a life insurance payout to fund the trust is a reasonable solution.
A trust can provide structure for the use of those resources, ensuring that surviving family members have support when paying for medical bills, enrolling in college or incurring other expenses included in trust documents.
The person establishing the trust must file beneficiary designation paperwork with their life insurance company if they want their policy payout to serve as trust funding. They may also need to discuss limitations on distributions with an attorney to prevent scenarios in which their loved ones might lose benefits or face tax complications due to large trust distributions.
Life insurance is a helpful tool for those who cannot fully fund a trust with their current resources. Exploring different solutions for funding a trust with an estate planning professional can help people create a meaningful legacy and protect their loved ones.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Do you still need a will if you have a trust?]]>https://www.jcglaw.com/?p=501632026-06-28T21:57:26Z2026-06-28T21:57:26ZA trust and a will serve different purposes
A revocable living trust allows you to transfer certain assets into the trust during your lifetime. Those assets can often pass to your beneficiaries without going through probate, which may save time and simplify the administration process.
Yet, a trust only controls the assets you place into it. If you leave property outside the trust, your trust agreement generally does not determine what happens to those assets after your death.
Why you may still need a will
Even if you have a fully funded trust, a will can provide important protections. Many estate plans include a "pour-over will," which directs assets that remain outside the trust into the trust after death.
A will can also:
Name a guardian for your minor children
Determine what happens to property you never transferred into the trust.
Help ensure your estate plan reflects your overall wishes
Reduce uncertainty for your family during the estate administration process
Without a will, assets left outside your trust may pass according to Indiana's intestacy laws instead of your personal wishes.
Keep your estate plan up to date
Creating a trust is only one step in the estate planning process. Life events such as marriage, divorce, the birth of a child, retirement, or acquiring new property may require updates to your trust, will, or both.
Regularly reviewing your estate plan helps ensure your documents continue to reflect your goals and account for changes in your family or financial circumstances.
An estate plan works best when the documents work together
A trust and a will are not competing documents. Instead, they often complement one another by addressing different aspects of your estate plan. Together, they can help protect your assets, provide clear instructions for your loved ones, and reduce the risk of unnecessary legal complications.
If you already have a trust or are considering creating one, an experienced estate planning attorney serving Evansville and Southern Indiana can review your existing documents, identify potential gaps, and recommend whether a will should become part of your overall estate plan.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Do you need a medical power of attorney?]]>https://www.jcglaw.com/?p=501612026-06-18T15:58:19Z2026-06-18T15:58:19ZEstate planning often starts with determining how you want your assets to be passed on to the next generation. You can name beneficiaries who are supposed to receive specific assets, put certain assets into trusts, set up donations to charities and much more.
But one key thing to keep in mind is that your estate plan can also address your medical future. As you age, that future may become uncertain. There is a chance that you could be incapacitated by a mental condition like Alzheimer's or dementia, or by a physical condition like a stroke or a heart attack. How do you address this in your estate plan?
Selecting an agent
With a medical power of attorney, you get to determine who you want to be your medical agent. If you are incapacitated in the future, such as if you have a stroke and find yourself in the hospital, your agent can then step in. They can authorize treatment, talk to your doctors and make important decisions. You give them this legal right in advance. An alternative to this is simply to leave instructions in an advance directive for your medical team. Many people already have a rough idea of certain treatments they do or do not want, such as someone who knows they do not want to be resuscitated. You can put these specific instructions in the document so that your doctors know how to proceed.Both of these tactics can be helpful, and the key is just to remember that your medical future is an important part of your estate plan. It is helpful to know what legal steps to take while drafting this plan.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Is a no-contest clause in a will actually effective?]]>https://www.jcglaw.com/?p=501592026-06-07T22:46:47Z2026-06-07T22:46:47ZA no-contest clause in a will is designed to discourage beneficiaries from filing a formal challenge to the validity of the document. If a beneficiary contests the will and loses, the clause typically allows the court to disinherit them. A no-contest clause is enforceable in Indiana, which means a disgruntled heir faces a real financial gamble when deciding whether to contest a will.
That said, how much protection does a no-contest provide, and is it really enough to prevent legal disputes once questions about a will’s validity begin to surface? Here’s what you need to know.
The limits of deterrence
A no-contest clause may be a strong deterrent against frivolous challenges, but it’s not an absolute barrier to litigation. Indiana courts don’t enforce these provisions in a vacuum. Instead, they assess whether the person challenging the will had a reasonable basis to do so, particularly where allegations involve undue influence, lack of capacity or improper execution.This means the clause is most effective at discouraging weak claims, not legitimate ones. If a beneficiary has credible grounds to question the validity of the document, the risk of forfeiture may not outweigh the need to have those concerns properly examined in court.
What are your other options?
Relying solely on a no-contest clause to prevent will contests is rarely enough. Think of it as only one piece of a broader strategy rather than the primary safeguard. For starters, ensure the will is properly executed under Indiana law to limit technical challenges. Supporting documentation, like medical records or notes, can demonstrate your capacity and intent at the time the will was signed can go a long way in strengthening the document.Careful drafting that anticipates potential friction points, such as unequal distributions, blended family dynamics or prior promises, can also reduce the likelihood of a contest. In some cases, explaining the structure of the estate plan to key beneficiaries while you’re still alive can reduce surprise-driven disputes later. If you’re concerned about your loved ones being entangled in a legal dispute over your estate or the validity of your will, reaching out for professional guidance can help you explore your options toward building an estate plan that minimizes conflict while reflecting your wishes.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[When a will names an unknown child ]]>https://www.jcglaw.com/?p=501562026-05-22T14:26:13Z2026-05-22T14:26:13ZFew situations inspire more shock during probate proceedings than discovering that a will names a child that no one in the deceased’s family knew existed. In Indiana, these situations can quickly lead to emotional conflict, legal disputes and serious questions about inheritance rights.
Whether the child at issue was born decades earlier, raised privately by another family or discovered through DNA testing, the appearance of an unknown child can significantly complicate estate administration.
Determining a fair way forward
When a will specifically names a previously unknown child as a beneficiary, the probate court will generally begin by determining whether the will itself is valid. If the document was properly executed under Indiana law and there is no successful challenge based on fraud, undue influence or lack of capacity, the court will often honor the deceased person’s stated intentions.However, disputes frequently arise among surviving family members. Adult children or surviving spouses may question whether the newly discovered child is biologically related to the deceased or whether the will was altered improperly. In some situations, heirs may seek DNA testing or other evidence to verify paternity or family relationships.Indiana inheritance laws can become especially important if questions arise regarding whether the child qualifies as a legal heir. Children born outside of marriage may still have inheritance rights under Indiana law if paternity was legally established before death or proven through court proceedings afterward. Probate litigation may become necessary when family members contest those claims.Unknown children may also create practical complications for the probate process itself. Asset distribution may be delayed while the court resolves heirship disputes or investigates the validity of the claims. Real estate transfers, financial account distributions and business succession matters may remain frozen until the court determines who is legally entitled to inherit.An experienced Indiana probate legal team can help families navigate these emotionally charged situations by evaluating inheritance rights, addressing paternity concerns, reviewing the validity of estate documents and helping to protect the estate throughout the probate process. ]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Changing your will without the hassle: The power of codicils]]>https://www.jcglaw.com/?p=501532026-05-08T21:49:57Z2026-05-08T21:49:57ZIf you want to make minor amendments to your will, you don’t have to rewrite the whole document or begin from scratch. You can use a codicil to make small updates to your will while keeping the rest intact. You may, for instance, change an executor, add or remove a beneficiary, update guardianship information or even revise how certain assets are distributed.
A codicil is not an informal change or side note. It carries the same legal weight as your will and must be executed correctly. This means it must be in writing, signed and witnessed properly. Failing to meet these formalities can render the changes unenforceable, which defeats the entire purpose.
The pitfalls to avoid
A codicil can be incredibly useful, but it is not something you should approach casually. One poorly written change can create confusion that affects your entire estate plan. If the language is unclear or the codicil conflicts with your original will, your loved ones could end up dealing with unnecessary legal disputes during an already difficult time.Another common mistake is using multiple codicils over the years instead of reviewing the will as a whole. While a single update may be manageable, several amendments can make your wishes harder to follow and increase the risk of misinterpretation. If you’re making multiple changes or your circumstances have significantly shifted, creating a new will may be the better path.
Making sure your changes hold up
Keeping your estate plan current should not feel overwhelming, but it should always be handled carefully. Even a seemingly simple change can have long-term consequences if it is not drafted properly or does not comply with the law. Whether you need to make a minor update through a codicil or determine if a completely new will makes more sense, having professional legal guidance can help you avoid costly mistakes and protect your intentions.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[5 reasons to update your advance medical directive in Indiana]]>https://www.jcglaw.com/?p=501512026-04-28T16:55:13Z2026-04-28T16:55:13ZFor Indiana families with significant assets, an estate plan is more than a tax strategy. It is a crisis manual. If you have not updated your advance medical directive, you risk handing your most personal healthcare decisions to a public courtroom instead of a trusted representative. To understand why updates matter, you should know what an advanced medical directive actually is.
What is an advance medical directive?
An advance medical directive, also called an advanced directive for health care, puts your healthcare wishes into writing. This document names a healthcare representative or agent, to make medical decisions on your behalf if you become unable to do so. For you and your family, it provides clear guidance during life's most uncertain moments. Therefore, knowing what it does makes it easier to see why keeping it current is so important.
Five times you should update your healthcare directive
Now that you know what an advance medical directive is, the next step is knowing when to update it. Life rarely stays the same and your document should always reflect your current circumstances. Here are five key moments that call for a review:
When a decade passes: Revisit your directive every 10 years or every five years if you prefer more frequent checkups, to ensure it still reflects your values.
When your named agent passes away: If your healthcare representative or alternate agent dies, update your directive right away so someone you trust can still speak for you.
When your marital status changes: A divorce, marriage or shift in family dynamics can affect who you trust to speak for you.
When you receive a new diagnosis: A serious, terminal or degenerative diagnosis changes your healthcare outlook and may require updates to your existing wishes.
When your personal values shift: If your beliefs about life-sustaining treatment evolve, your directive should evolve with them.
Each of these moments is a clear signal to take action. With those five triggers in mind, here is what you can do to stay ahead of them.
Keep your healthcare wishes current
An advance medical directive is not a document you create once and set aside. It is a living reflection of your values, your relationships and your wishes. As your life changes, revisiting it ensures that the people you love never have to guess. Keeping it accurate and up to date is one of the most thoughtful things you can do for yourself and your family.]]>