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Home » Estate Planning » Page 5

Estate Planning

How Does Life Insurance Fit into My Estate Plan?

September 28, 2023Estate Planning

Life insurance estate plan

Like most people, you probably purchased your first term life insurance policy when you started your first “adult” job. Since then, you may have purchased additional term life insurance policies, purchased a different type of life insurance, and/or increased the death benefit on your original policy. Because life insurance often plays an integral role within an estate plan, the Indianapolis attorneys at Frank & Kraft discuss how life insurance fits into your estate plan. Types of Life … [Read more...] about How Does Life Insurance Fit into My Estate Plan?

The Art of Estate Planning: Ensuring Your Wishes Are Honored

August 22, 2023Estate Planning

Estate planning wishes honored

While planning for the distribution of your estate assets is an integral part of any estate plan, a comprehensive estate plan can do much more. In fact, one of the most important things an estate plan can do for you is to ensure that your wishes are honored throughout your life and even after you are gone. To help you better understand, the Indianapolis estate planning attorneys at Frank & Kraft explain how to ensure that your wishes are honored through the art of estate … [Read more...] about The Art of Estate Planning: Ensuring Your Wishes Are Honored

What You Need to Know about the Indiana Transfer on Death Property Act

August 3, 2023Estate Planning

For many people, the primary motivation for creating an estate plan is the desire to provide for loved ones in the event of death. Along with ensuring that your estate assets are passed down to your designated beneficiaries, a well thought out estate plan can also help make sure your beneficiaries receive those assets as soon after your death as possible. As the Indianapolis estate planning attorneys at Frank & Kraft explain, making use of the Indiana Transfer on Death Property Act is one way to transfer assets quickly after your death. The Problem with Probate If you have a spouse, children, parents, or other loved ones who financially depend on you, an important estate planning goal is to ensure that your loved ones have access to much-needed assets as soon as possible after you are gone. Unfortunately, probate can drag out the time it takes for beneficiaries to receive assets. Probate is the legal process that is often required following a death. While the ultimate goal of probate is to transfer assets to beneficiaries and/or heirs of the estate, several steps must be completed first. For example, creditors of the estate must be notified and provided with the opportunity to file claims against the estate. Any challenges to the validity of the Will must also be litigated before assets can be released. It can take months, even years, for assets to finally be released to the new owners if those assets have to go through probate. One of the many estate planning strategies available to help your estate avoid probate in the State of Indiana is the use of Transfer on Death Property Act. What Is the Indiana Transfer on Death Property Act? The Transfer on Death Property Act (TDPA) can be found at Indiana Code 32-17-14 et. seq. The overall purpose of the TDPA is to allow the owner of real property to transfer his/her legal interest in that property to a designated beneficiary or beneficiaries at the time of death. When interest in property is transferred using the TDPA the property does not have to go through probate, meaning the beneficiary takes ownership of the property immediately following the death of the previous owner. Because people are often familiar with the “Payable on Death (POD)” option offered on financial accounts, it may be beneficial to think of a transfer on death property deed as similar to a POD designation on a bank account. When you designate a bank account, for example as a POD account you name a beneficiary. Immediately after your death, ownership of the bank accounts legally transfers to the beneficiary without the need for legal action. It is important to note that with a TOD deed or a POD account, the designated beneficiary has no legal ownership interest in the asset prior to the death of the owner. This is the primary difference between owning assets jointly and a TOD/POD designation. When you jointly own property or other assets, the co-owner has a present legal ownership interest in the asset. For example, if you and your spouse own real property jointly with rights of survivorship, your ownership interest in the property will automatically transfer to your spouse upon your death, just as with a TOD deed; however, your spouse also has an equal ownership interest in the property while you are alive. If you used a Transfer on Death deed instead of joint ownership, your ownership interest in the property would pass to your spouse upon your death; however, he/she would have no legal ownership interest in the property while you are alive. For a Transfer on Death deed to be valid, it must be executed by the owner of the real property, or their legal representative, and be recorded in the county where the real property is located. Upon the death of the property owner, the designated beneficiary takes legal ownership of the property without the need for the property to pass through probate. Contact Indianapolis Estate Planning Attorneys For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about how to incorporate the Indiana Transfer on Death Property Act into your estate plan, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

For many people, the primary motivation for creating an estate plan is the desire to provide for loved ones in the event of death. Along with ensuring that your estate assets are passed down to your designated beneficiaries, a well thought out estate plan can also help make sure your beneficiaries receive those assets as soon after your death as possible. As the Indianapolis estate planning attorneys at Frank & Kraft explain, making use of the Indiana Transfer on Death Property Act is one … [Read more...] about What You Need to Know about the Indiana Transfer on Death Property Act

What Happens If I Die Without an Estate Plan in Place?

June 29, 2023Estate Planning

Indianapolis estate planning attorneys

Every adult should have at least a rudimentary estate plan in place; yet, over half of all Americans do not. This is the case despite most of those without a plan acknowledging the need for one. Often, failing to understand why an estate plan is so important is the problem. To help keep you from making that mistake, the Indianapolis estate planning attorneys at Frank & Kraft explain what happens if you die without an estate plan in place. What Is an “Intestate” Estate? If you leave … [Read more...] about What Happens If I Die Without an Estate Plan in Place?

How Estate Planning Can Protect Your Grandparents

June 22, 2023Estate Planning

Protect grandparents

Grandparents are invaluable. They share their endless wisdom with you and often spoil their grandkids. While grandparents that spoil the grandkids are awesome, incapacitated grandparents with significant assets are a problem. Assets could be depleted, even stolen, leaving your grandparents destitute in their final years. While the idea of stepping in and taking over your grandparents’ finances and/or decision-making may make you uncomfortable, not doing so could put your grandparents at risk. … [Read more...] about How Estate Planning Can Protect Your Grandparents

Debunking Estate Planning Myths

May 30, 2023Estate Planning

Estate planning myths

Most people recognize the importance of estate planning; however, those same people often fall victim to the numerous and varied myths and misconceptions about estate planning. To help ensure that you, your family, and your assets are protected, the Indianapolis estate planning attorneys at Frank & Kraft debunk some common estate planning myths. “I Don’t Need an Estate Plan Yet”  One of the biggest estate planning myths is the idea that you need to reach a certain point in your … [Read more...] about Debunking Estate Planning Myths

Which Document Is More Important in My Estate Plan — a Will or a Living Trust?

May 23, 2023Estate Planning

Document estate plan

For most people, a comprehensive estate plan includes numerous legal documents and various ancillary documents. Which of these is the most important estate planning document? For most people a Last Will and Testament provides the foundation on which their estate plan is built; however, a trust agreement may eventually be just as important. The Indianapolis estate planning attorneys at Frank & Kraft explains which document is the most important one in your estate plan. Your Last Will and … [Read more...] about Which Document Is More Important in My Estate Plan — a Will or a Living Trust?

How to Take Part in Military Appreciation Month This May

May 9, 2023Estate Planning

Military Appreciation Month

Every American owes a debt of gratitude to the millions of men and women who currently serve or who have served in the United States military. Without their dedication and sacrifice, and that of their families, we would not enjoy the benefits and freedom many of us take for granted as Americans. To show support for our military families, we celebrate Military Appreciation Month every May. The Indianapolis estate planning attorneys at Frank & Kraft offer some suggestions for how you can take … [Read more...] about How to Take Part in Military Appreciation Month This May

Why Funeral Planning Should Be Part of Your Estate Plan

May 2, 2023Estate Planning

Indianapolis estate planning attorneys

If you prefer not to think about your own funeral and burial, you are hardly alone. Most people don’t want to dwell on the reality of their own mortality. You should, however, know enough about the practical expenses involved in a funeral and burial to recognize the wisdom of including a funeral planning component in your comprehensive estate plan. With that in mind, the Indianapolis estate planning attorneys at Frank & Kraft explain that dying is expensive and why funeral planning should be … [Read more...] about Why Funeral Planning Should Be Part of Your Estate Plan

How to Add Explanations or Instructions to Your Estate Plan

April 13, 2023Estate Planning

Indianapolis estate planning attorney

Once your estate plan is in place, you may feel like you have pertinent, even crucial, information that applies to your estate plan, yet does not fit anywhere in your existing plan. When important information needs to be included in your estate plan but there is nowhere practical to include it, including an explanatory letter with your estate planning documents may be the solution. An Indianapolis estate planning attorney at Frank & Kraft explains how to add explanations or instructions to … [Read more...] about How to Add Explanations or Instructions to Your Estate Plan

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