Veronica L. Jarnagin’s Answers

Veronica L. Jarnagin

Indianapolis Business Attorney.

Contributor Level 11
  1. Can a document that is notarized , signed serve as a will for money , property and medical concerns .

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. Timothy Edward Kalamaros
    3. Denise Leydon Harvey
    4. Brian Mitchell Mekdsy
    4 lawyer answers

    No. Wills and advanced medical directives are very statutory -- you must follow the requirements for their execution for them to be valid. In any case, there are plenty of reasons to first obtain advice from an attorney who practices regularly in estate planning. If you own most assets jointly with your spouse, then she/he will automatically receive those assets outside of a will -- by operation of joint property law. Those spousal joint assets will not even be subject to your will. So...

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  2. In an estate, does POD overrule the Will, or Vise Versa?

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. Steven M Zelinger
    3. Sean Patrick Lewis
    3 lawyer answers

    In Indiana, the POD beneficiary is presumed to be valid, so that person will receive that account. HOWEVER, there are circumstances where that legal presumption can be challenged and even reversed: undue influence by that beneficiary to have her/his name added; mental incompetency of the person who created the account; mistake; fraud; etc. Given that the account lists the beneficiary as payee upon death -- not as joint owner -- it is not likely a case of adding her/him to the account merely...

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  3. Can an estate executor be easily removed for letting real estate be sold for delinquent taxes for two years

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. Steven J. Fromm
    3. James P. Frederick
    3 lawyer answers

    Another question to investigate -- besides solvency -- is whether the executor ever received the tax notices or the notice to sell property due to the tax lien. If she/he did not know about it (maybe assumed the mortgage included property tax escrows), then how could she/he have paid? I've seen circumstances where the tax lien sale can be rescinded because the proper legal notice was not given. Separate from the responses above, there is never an EASY process to remove an executor. You...

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  4. Power of Attorney is writing herself checks

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. Gregory Philip Bowes
    3. Timothy Edward Kalamaros
    4. George Costas Andriotis
    5. Jeffrey Ira Schwimmer
    5 lawyer answers

    FIRST, send a death certificate to the credit card company(s) and banks. You can get those from the funeral home. Next, get an attorney who is experienced in probate litigation and bring suit against her. The Durable Power of Attorney ended when your father died; so it is no longer valid. She has a fiduciary duty to your father, and now to you as heirs/beneficiaries of his estate. She is required to send you copies of his will/trust; she is required to give you an accounting; she can be...

    6 lawyers agreed with this answer

  5. My former family law firm of 5 years, recently represented my former business partner against me in a buyout of my business.

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. Veronica L. Jarnagin
    3. Todd Matthew Heine
    3 lawyer answers

    In order for a conflict of interest, the transaction must have involved basically the same issues and interests as the former representation. It does not sound as if this is true. However, the firm still had a duty of confidentiality to you, so they could not have disclosed to their new clien ANY information that they learned from your family matter. Alternatively, if that firm's former representation of you "materially" impacts its ability to represent the new client (buyer), then that...

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  6. What happens in the state of Indiana when a petition is filed for removal of representative of an estate?

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. James P. Frederick
    3. Stephen Scott Pearcy
    3 lawyer answers

    Indiana law allows the court-appointed PR to continue to serve, albeit with some practical restrictions, such as not making disproportionate distributions, and administer the estate while an action to remove is pending. In fact, they have the duty to do so to protect the estate assets/income. The legal fees of a PR are payable out of the assets of the Estate as costs of administration; HOWEVER, to the extent the PR has clearly abused her or his charge and acted solely on her or his own behalf,...

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  7. My father died and i believe my brother didnt give me what i was suppose to get half of..money and assets what do i do and how d

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    Get a copy of the will. You are an "interested person" under Indiana law, so you have the right to a copy of the will. You also have the right to demand an accounting from your brother for the period he served as POA or as executor. Of course, whether he will cooperate is another question; but an attorney experienced in Indiana probate law can advise you the most efficient ways to at least attempt to get information from brother and your Dad's banks, etc. Unfortunately, if the total of...

    5 lawyers agreed with this answer

  8. How can a blood relative go about having a controling ex removed from a trust especailly when that person is the executor.

    Answered over 1 year ago.

    1. Veronica L. Jarnagin
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    Hire an attorney to review a copy of the trust/will so you KNOW whether there are any differences and what are the legal consequences for YOU of the terms of the trust/will and healthcare DPOA. Is your mother mentally competent? If not, then recent changes can be challenged and undone. Ex might be unduly influencing her, too. If she IS competent,then, you need to have a discussion with your Mother -- a difficult one, because you might not like the answers to the following...

    4 lawyers agreed with this answer

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  9. I am receving SSDI and medicaid in Indiana,Father wants to leave me inheritance. will I lose both, how can he set it up.

    Answered over 1 year ago.

    1. Clifford Michael Farrell
    2. James Gregory Las Cola
    3. Veronica L. Jarnagin
    4. Daniel McKenna
    4 lawyer answers

    If there are waiver programs or other benefits that you receive based on financial need, then your father can leave your inheritance in a special needs trust under his own estate plan. With my estate planning clients in your father's situation, I have utilized a flexible and practical combination of private special needs trust with a sub-account with a pooled trust organization. There are other provisions that allow the trustee to modify the trust if you do not need benefits from Medicaid,...

    4 lawyers agreed with this answer

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  10. Do you need a lawyer to add person's name onto a house(real estate)?

    Answered over 1 year ago.

    1. Steven J. Fromm
    2. David Lloyd Merrill
    3. Veronica L. Jarnagin
    4. Martin L Bearg
    5. Alan James Brinkmeier
    5 lawyer answers

    Father will likely be making two taxable gifts by simply adding two kids as owners, so use extreme caution. If this is a plan to simply avoid probate, it is cleaner and cheaper to simply deed the house to a revocable trust (which is a very good estate planning tool for his other estate assets, too). If this is a plan to avoid losing the house due to Medicaid spend-down, then it's probably not necessary because Medicaid usually allows one to keep their primary residence. Even if NJ allows...

    6 lawyers agreed with this answer