Avoiding Probate is Easy – But Not Always Wise

Posted on May 23, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] We have heard people tell us for decades that they want to “avoid probate.” They say it as if they want to avoid cancer. Most people have no idea what it is that they think they should avoid. Fewer people know that the “probate” concept […]

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Getting Married? Get A Prenuptial Agreement First!

Posted on April 18, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] What comes to mind when you think of a prenuptial agreement? If you are like most people, you probably think about wealthy celebrities protecting their wealth from divorce. You may also think that a person would have to be a greedy, heartless jerk to ask […]

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Costly Delay: Importance of Mental Capacity in Estate Planning

Posted on April 8, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Too people say about estate planning, “I’m not ready for that yet.” A person must be able to think clearly enough to make a will, trust, power of attorney, deed, health care directive or other estate plan document. As we wrote in our blog article, […]

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Estate Planning Is More Than Forms

Posted on April 2, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Several years ago, our daughter’s kindergarten teacher shared with us a simplistic job description that our daughter gave to the class about her lawyer parents. When asked what her parents did for a living, our daughter said, “They type and click.” Many people have a […]

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Hoosier Hospitals Should Stop Asking Patients about Living Wills

Posted on March 19, 2017 by Hawkins Elder Law.

Employees of many Hoosier hospitals ask patients the same question during the admission process every day, “Do you have a living will?” This may surprise people, but a patient’s answer to that question does not matter because when a living will arrives at the hospital, it is “dead on arrival.” This article explains why Indiana’s […]

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Signing Documents Is a Big Deal

Posted on March 12, 2017 by Hawkins Elder Law.

Indiana is on the front line of a legal services technological revolution. LegalZoom is pushing a bill to allow electronic signatures of wills, trusts, powers of attorney, and other estate planning documents, while the Indiana Secretary of State driving an electronic notarization bill. Indiana State Bar Association members are working to fix serious defects in […]

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Trust Protector to the Rescue

Posted on January 14, 2017 by Hawkins Elder Law.

The basic purpose for estate planning is to prepare for future situations by empowering people to solve problems or adapt to changing circumstances. Unfortunately, this old planning truism still applies: The finest plans of mice and men often fall apart and leave us with only grief and pain instead of joyful hearts. (Our paraphrased excerpt […]

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Indiana’s New and Improved POST Form

Posted on January 5, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] The Indiana State Department of health (ISDH) updated and improved the Indiana Physicians Orders for Scope of Treatment (POST) form in December 2016. The new form is available for download in PDF and Microsoft Word formats at http://www.in.gov/isdh/25880.htm,  and it should be available in the […]

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Life Insurance Estate Planning Tips

Posted on November 27, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] People buy and use life insurance for many reasons. Unfortunately, too many people make poor life insurance purchase and use decisions because they do not try to understand their options. Instead, they rely on insurance promoters and amateur advisors to tell them what they need […]

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Life Insurance, Funeral Expenses, & Medicaid

Posted on by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] There is an old saying that, “the two certainties in life are death and taxes.” Those certainties used to inspire life insurance purchases to provide money for funeral expenses and “death taxes.” Today, increased estate tax exemption and the Indiana inheritance tax repeal have eliminated […]

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