Johnson, Carroll, Norton, & Kent P.C.Johnson, Carroll, Norton & Kent P.C.2026-06-28T21:57:26Zhttps://www.jcglaw.com/feed/atom/WordPressOn 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.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[Talking to adult children about your estate plan]]>https://www.jcglaw.com/?p=501492026-04-23T09:54:30Z2026-04-23T09:54:30ZMany 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[Showing that a testator lacked capacity when signing a will]]>https://www.jcglaw.com/?p=501472026-04-06T10:41:56Z2026-04-06T10:41:56ZWhat is testamentary capacity?
Testamentary capacity is essentially the capability to enter into a legally binding agreement. An individual must be aware of their personal circumstances and able to comprehend the agreement they intend to sign.
For the purposes of estate planning, testamentary capacity usually involves being able to identify one's assets, name intended beneficiaries and understand how a will could affect those beneficiaries. Adults with severe medical challenges may not fully comprehend the documents they execute, which may then undermine the validity of those documents.
Concerned individuals can review medical records and other evidence with a will contest lawyer to determine if they have adequate grounds to initiate probate litigation. A successful will contest can prompt the courts to set aside compromised documents.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[When can beneficiaries have you removed as estate executor?]]>https://www.jcglaw.com/?p=501452026-03-19T10:58:12Z2026-03-19T10:58:12ZIf a relative or close friend has given you the responsibility of being personal representative (commonly known as executor) of their estate, you likely take that role and your obligations very seriously. Once they’ve passed away and it’s time to get to work, however, you may face a lot of questioning, nagging and second-guessing from the estate’s heirs and other beneficiaries.
Beneficiaries who aren’t happy with the speed at which things are progressing, the inheritance left to them or any other aspect of the estate’s administration may muse about, or outright threaten to petition for, your removal from the position. Some of those people may be your own family members who feel like they should have been chosen as executor or are convinced that you’re withholding or delaying their inheritance.
What does Indiana law say?
Threats of removal can make fulfilling your responsibilities even more challenging. What’s important to remember is that under Indiana law, removing a personal representative who meets the legal requirements for the job, including living in the state, requires proving that they are either “incapacitated” (physically or mentally) or “unsuitable or incapable of discharging the representative's duties.”Further, the law states that if a personal representative “has mismanaged the estate [or] failed to perform any duty imposed by law or by any lawful order of the court… the court may remove the representative….”A petition for removal can be submitted by “any person interested in the estate.” A court may also “without motion, petition or application, for any such cause, in cases of emergency, remove such personal representative instantly without notice or citation.” A personal representative has the right to appear before the court and “show cause why [they] should not be removed.”The best way to help ensure that you’re carrying out your responsibilities according to the law and to avoid a petition for removal is to get sound legal guidance as early as possible. This can also help you successfully tackle the job with which the deceased has entrusted you.]]>On Behalf of Johnson, Carroll, Norton & Kent P.C.<![CDATA[How can you disinherit a beneficiary?]]>https://www.jcglaw.com/?p=501432026-03-03T18:24:50Z2026-03-03T18:24:50ZWhen writing a will, you may decide that you want to disinherit someone. This is a person who ordinarily would have been named as a beneficiary, perhaps because they were in a previous version of your estate plan or because they are a direct relative, such as an adult child.
The best way to disinherit them is to specifically name them in your will. You can then leave simple instructions stating that this individual should not receive any of your assets. You are officially cutting them out of the estate plan, and you are taking that step intentionally.Making this clear helps to avoid any allegations that you simply forgot them or did not realize that you were disinheriting them. This can limit the chances that they will challenge the estate plan when they find out that they are not receiving anything.
Should you leave them a minimal inheritance?
You may have heard of cases where people leave someone a dollar or another minimal inheritance as a way of disinheriting them.While you could do this, there is generally no reason to do so. People sometimes take this step to make it clear that the person was not being left out unintentionally or forgotten. Leaving someone a dollar shows that you intended to cut them out of the will. However, it is often better to simply name them in the estate plan and clearly state your wishes, rather than leaving them a small inheritance that they may view as insulting.
Drafting your estate plan
Disinheriting someone is just one potential step you may want to consider when putting your estate plan in place. Be sure you fully understand all of the legal options you have during this process.]]>