Johnson, Carroll, Norton, & Kent P.C.Johnson, Carroll, Norton & Kent P.C.2026-09-19T14:01:10Zhttps://www.jcglaw.com/feed/atom/WordPressOn Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[How long does a special needs trust last?]]>https://www.jcglaw.com/?p=501832026-09-19T14:01:10Z2026-09-19T14:01:10ZTypically, a special needs trust can be established without a specified expiration date. This means that it is going to last until the beneficiary passes away.Exactly what happens at that point depends on what type of special needs trust has been established. For instance, with a first-party special needs trust, some reimbursement may be due to the government. Remaining funds can then be distributed according to the terms of the trust. With a third-party special needs trust, this distribution can happen without first making any reimbursement to the government. There is no payback requirement.But either way, the trustee is in charge of the funds and uses them to assist the beneficiary until that person’s passing, when the trustee takes steps to redistribute the remaining funds and close the trust.
Could it end sooner?
Yes, a special needs trust could end before the person passes away. The most common reason for this is simply that the trust has been depleted and has run out of funds.In some cases, a wealthy individual will leave such a significant amount of money that it can help the individual with special needs for the rest of their life. This is when redistribution of the remaining funds is necessary. But in other cases, the trust may be much more limited, and it is just being used as a vehicle to pass an inheritance to the beneficiary without affecting their access to benefits. They could be left $10,000, for example, which may be depleted long before they pass away.
Establishing a trust
Special needs trusts can be very useful, and it is important to understand how to set them up, when they expire and what legal roles and responsibilities all involved parties have, from the grantor to the trustee to the beneficiary.
]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Do children inherit debts their parents held?]]>https://www.jcglaw.com/?p=501812026-09-03T15:57:14Z2026-09-03T15:57:14ZBoth adult children and their parents are usually well aware that those children are going to inherit their parents’ assets. These could be strictly financial assets like investments, savings or even life insurance policies that will pay out upon the person’s passing. They could also be tangible assets like a home, a car, a jewelry collection or commercial property.
But most parents will hold both assets and debts at the time that they pass away. Those financial responsibilities are not just canceled when the person passes, so does that mean that the children are also going to inherit those debts?
The estate should cover the debts
There are some cases in which parents and adult children will be co-owners on a loan or something of this nature. If so, the child is still responsible for that obligation, even after their co-signer passes away.But in general, no, children are not just going to inherit debts. A parent may owe credit card bills, income taxes, property taxes and much more. These do not become the responsibility of the next generation automatically.Instead, funds from the estate itself should be used by the estate executor to pay down these debts. If a parent has $100,000 when they pass away but still owes $10,000 on a credit card, for example, the executor settles the credit card account. They then distribute the remaining $90,000 to the beneficiaries in accordance with the estate plan.This is part of the reason why it is so important to have a comprehensive plan in place and to select the right estate executor. Those going through this process may find it helpful to work with an experienced attorney.
]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[What factors should you consider when appointing a trustee?]]>https://www.jcglaw.com/?p=501792026-08-28T10:41:17Z2026-08-28T10:41:17Z Indiana trust, consider whether a prospective trustee has the integrity, knowledge, availability and practical skills required for the role. The strongest choice is someone capable of managing both the financial responsibilities and the relationships involved in trust administration.
Consider experience and financial knowledge
A trustee may need to manage investments, monitor property, make distributions, maintain records and understand the terms governing the trust. Consider whether your proposed trustee has sufficient financial knowledge to perform these responsibilities carefully. The complexity of the assets also matters. A trust containing business interests, investments or substantial property may require more financial and administrative experience than one holding relatively simple assets.
Look for integrity and impartial judgment
Trustees hold significant authority over property intended to benefit others. Your chosen trustee should therefore be dependable, responsible, and capable of making decisions according to the trust terms rather than personal interests. Impartiality can become particularly important when several beneficiaries have competing needs. A trustee who has difficulty remaining objective could contribute to disagreements or concerns about how the trust is being administered.
Evaluate communication skills
Good trust administration involves more than managing assets. A trustee may also need to explain decisions, respond to beneficiaries, provide information and address changing circumstances over time. Poor communication can create confusion and mistrust even when financial decisions are appropriate. When appointing a trustee, consider whether the person communicates clearly, responds reliably and can handle potentially difficult conversations with beneficiaries.
Consider record keeping and availability
Trust administration may continue for years. Trustees can be responsible for maintaining financial records, documenting transactions, providing reports and keeping important information organized. Your proposed trustee should have enough time to perform these duties consistently. Someone you trust personally may still be unsuitable if other responsibilities prevent them from giving the trust sufficient attention.
Appointing a trustee requires balancing personal trust with practical capability. Before finalizing your selection, seek legal guidance about the trustee's responsibilities, your trust provisions and whether your preferred choice can effectively carry out your intentions.]]>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[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.]]>