Estate planning is about more than just preparing for the end of life — it's about making sure the people and things you care about most are taken care of no matter what happens. Whether you're a young family starting out, a business owner looking to protect your company, or someone approaching retirement, an estate plan gives you control over how your assets are managed and distributed.
At Stidham Legal, we take the time to understand your unique situation, your goals, and your concerns. We then build a customized estate plan using the legal tools that make the most sense for you — from simple wills to comprehensive trust arrangements. We also ensure your plan addresses incapacity planning, so someone you trust can manage your affairs if you're unable to do so yourself.
Estate Planning Services
We offer a full range of estate planning services tailored to Indiana residents.
Last Will & Testament
A will allows you to designate who receives your property, name a guardian for your minor children, and appoint a personal representative to manage your estate. Without a will, Indiana's intestacy laws determine how your assets are distributed.
Revocable Living Trusts
A revocable living trust allows your assets to pass to your beneficiaries without going through probate, maintaining privacy and often reducing the time and cost of administering your estate. You maintain full control of the trust during your lifetime.
Power of Attorney
A durable financial power of attorney designates someone you trust to handle your financial matters if you become incapacitated. A healthcare power of attorney appoints someone to make medical decisions on your behalf.
Healthcare Directives
A living will (advance directive) documents your wishes regarding life-sustaining treatment, ensuring your medical care preferences are known and respected if you cannot communicate them yourself.
Probate Administration
When a loved one passes, the probate process can be daunting. We guide personal representatives through every step — from filing the initial petition to final distribution of assets and closing the estate.
Guardianship
When an adult is no longer able to manage their own affairs due to illness or incapacity, a guardianship may be necessary. We help families navigate the guardianship process in Indiana courts with sensitivity and care.
Wills vs. Trusts
Both wills and trusts are important estate planning tools, but they serve different purposes and work in different ways.
Last Will & Testament
A will takes effect only after death and must go through probate court before assets are distributed.
- Names guardians for minor children
- Designates who receives your assets
- Appoints a personal representative
- Goes through probate (public record)
- Generally lower upfront cost
- Does not help with incapacity planning
Revocable Living Trust
A trust takes effect immediately upon creation and can manage assets both during your lifetime and after death.
- Avoids probate entirely
- Maintains privacy (not public record)
- Provides for incapacity management
- Allows for conditions on distributions
- Can reduce estate administration time
- Requires transferring assets into trust
Many estate plans include both a will and a trust working together. During your consultation, we'll help you determine which combination of tools best fits your goals and your family's needs.
The Indiana Probate Process
What Is Probate?
Probate is the court-supervised process of validating a will, identifying and valuing assets, paying debts and taxes, and distributing the remaining property to beneficiaries. In Indiana, probate is handled by the circuit or superior court in the county where the deceased person resided. Not all assets go through probate — assets held in trust, jointly owned property, and accounts with designated beneficiaries typically pass outside of probate.
Supervised vs. Unsupervised Administration
Unsupervised administration is more common and gives the personal representative more autonomy to manage and distribute the estate without court approval for each action. Supervised administration requires court approval for major transactions and distributions, and may be required when there are disputes among beneficiaries or concerns about the personal representative's management of the estate.
Timeline
Indiana requires a minimum five-month waiting period from the date notice is first published to creditors before an estate can be closed. In practice, most estates take six months to a year to administer, though complex estates may take longer. The personal representative is responsible for filing tax returns, paying valid claims, and making distributions according to the will or Indiana's intestacy laws.
When There Is No Will
When someone passes without a will (intestate), Indiana law dictates how assets are distributed. Generally, the surviving spouse receives a significant portion of the estate, with the remainder passing to children or other relatives according to a statutory order of priority. This may not reflect what the deceased person would have wanted, which is why having a will or trust in place is so important.
Powers of Attorney & Healthcare Directives
Why Incapacity Planning Matters
Estate planning isn't just about what happens after you pass away — it's also about making sure you're protected during your lifetime. If you become unable to manage your own affairs due to illness, injury, or cognitive decline, having the right documents in place allows someone you trust to step in without the need for a costly and time-consuming court-appointed guardianship.
Financial Power of Attorney
A durable financial power of attorney authorizes your designated agent to manage your finances, pay bills, file taxes, manage investments, and handle real estate transactions on your behalf. The word "durable" means it remains in effect even if you become incapacitated. Without this document, your family may need to petition the court for guardianship to access your accounts and pay your bills.
Healthcare Representative
Indiana law allows you to appoint a healthcare representative who can make medical decisions on your behalf if you are unable to do so. This includes decisions about treatment options, medical procedures, and end-of-life care. Paired with a living will that outlines your specific wishes regarding life-sustaining treatment, these documents ensure your healthcare preferences are respected.