Q: WHO NEEDS A WILL?
As referenced above, if you have children, own property (real estate, personal items, financial assets), and/or have concerns or reservations about how and to whom your property is being distributed, you need a will and the best time to do it is now.
Q: HOW DO YOU OBTAIN A WILL?
Obtaining a will can be as simple as having a document drawn up by an attorney which states who gets what property you own or as complex as you want to make it with testamentary trusts and other types of distributions. A will is an invaluable legal resource to help create certainty and remove emotion from an otherwise tumultuous time when it is actually needed.
Q: DOES INDIANA HAVE ANY SPECIAL RULES REGARDING WILLS?
The State of Indiana permits testamentary trusts, for example. A testamentary trust is a trust that is created in your will which springs into existence the moment you die. There are other types of trusts and many types of restrictions and instructions on how property gets distributed through a trust. Often a trust is an effective tool for estate planning to save money and shelter it from certain taxes.
In Indiana, courts consider the best interests of the child in determining who should have custody. No presumption is given favoring either parent. The courts consider several factors, including the age of the child, the wishes of the parties involved, and the child's adjustment to home, school, and community.