Robbins and Seville, LLC

Robbins and Seville, LLCRobbins and Seville, LLCRobbins and Seville, LLC
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Robbins and Seville, LLC

Robbins and Seville, LLCRobbins and Seville, LLCRobbins and Seville, LLC
Home
Criminal
  • Criminal Law Overview
  • Drug Offenses
  • DUI
  • Expungement
  • Firearm Violations
  • Invasion of Privacy
Personal Injury
  • Personal Injury Overview
  • Car Accidents
  • Slip and Fall
  • Social Security
  • Trucking Accidents
  • Worker's Compensation
Family
  • Family Law Overview
  • Adoption
  • Advance Medical Directive
  • Custody
  • Divorce
  • Protective Orders
  • Wills and Trusts
About Us
  • About Us
  • Contact Us
  • Our Attorneys
Client Portal
More
  • Home
  • Criminal
    • Criminal Law Overview
    • Drug Offenses
    • DUI
    • Expungement
    • Firearm Violations
    • Invasion of Privacy
  • Personal Injury
    • Personal Injury Overview
    • Car Accidents
    • Slip and Fall
    • Social Security
    • Trucking Accidents
    • Worker's Compensation
  • Family
    • Family Law Overview
    • Adoption
    • Advance Medical Directive
    • Custody
    • Divorce
    • Protective Orders
    • Wills and Trusts
  • About Us
    • About Us
    • Contact Us
    • Our Attorneys
  • Client Portal
  • Home
  • Criminal
    • Criminal Law Overview
    • Drug Offenses
    • DUI
    • Expungement
    • Firearm Violations
    • Invasion of Privacy
  • Personal Injury
    • Personal Injury Overview
    • Car Accidents
    • Slip and Fall
    • Social Security
    • Trucking Accidents
    • Worker's Compensation
  • Family
    • Family Law Overview
    • Adoption
    • Advance Medical Directive
    • Custody
    • Divorce
    • Protective Orders
    • Wills and Trusts
  • About Us
    • About Us
    • Contact Us
    • Our Attorneys
  • Client Portal

Northwest Indiana / Lake County Wills and Trust Attorneys

What is a Will?

A Will is a document in which a person directs how his or her property is to be distributed upon his or her death.  In Indiana, Wills are closely governed by statute and must be in writing to be legally enforceable.

What happens to my property if I die without a Will?

If you die without a Will, Indiana law provides for how your property is given away. Ultimately, if you own property and want to determine how it is given away, you should have a Will or living trust.

What is a Trust?

Trusts use certain legal terms which can appear daunting at first but are actually quite simple.  A trust ordinarily consists of a settlor, a trustee, and at least one identifiable beneficiary.  The same individual or entity can, and often does, assume more than one of these roles.  A simple way of thinking about these roles is:

  • A settlor is the individual who places property in trust for the benefit of one or more identifiable beneficiaries.  
  • The trustee controls the property in trust and acts as a fiduciary to hold that property for the benefit of the beneficiaries.  
  • The beneficiaries are the recipients of trust assets.  


These roles may vary from the above descriptions depending on the type of trust, but in broad terms these are the roles which make up a trust.

Should I have a Trust instead of a Will?

Generally speaking, a Trust should not replace a person’s Will.  In the event that a person dies with a Trust and no Will, any property not included in the trust will be distributed by Indiana law.  To prevent this from happening, people with a Trust should also have a Will, so any property not included in the Trust will be distributed according to the person’s wishes and not Indiana law.  Often this is handled through a provision, sometimes called a "pour over" provision, which states that any property not within the Trust at death should be transferred to the Trust via the Will upon death.

Contact an Estate Planning Attorney Today

While it is not necessary to have a lawyer create a Will or Trust, there are several potential pitfalls that could result in your Will or Trust failing and your property being distributed through intestacy rather than by your choice.  Speak with an estate planning lawyer who will ensure that all of your assets are taken care of upon your passing, and avoid putting your loved ones through a potentially lengthy and expensive probate process.

Find out more

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