Indiana Estate and Personal Planning FormsIncluding Will, Power of Attorney and Living Will, Estate Planning Questionnaire and Worksheets. Complete legal Information. |  |
Indiana Estate Law Summary
Note: You can also Access a Personal Planning Package for the State of Indiana. or Prepare a Will OnlineNote: This summary is not intended to be an all inclusive discussion of the law of wills in Indiana, but does contain basic and other information. This summary does not include information about hand written wills.
Who may make a will: Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will. IC 29-1-5-1
Execution: A will shall be in writing, signed by the testator in the presence of the witnesses and witnessed by at least 2 witnesses. The attesting witnesses must sign in the presence of the testator and each other. IC 29-1-5-3
Who may Witness: Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will.
Interested Witness: If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person. IC 29-1-5-3
Note: Click Here for a Personal Planning Package for Indiana.
Foreign Wills: A will is legally executed if the manner of its execution complies with the Indiana law, the law of the place of execution, or the law of the domicile of the testator at the time of execution or at the time of his death. IC 29-1-5-5
Revocation: A will may be revoked by the testator, or some other person in his presence and by his direction, with intent to revoke, destroying or mutilate the same. The testator may also revoke the will by making another will with the purpose of revoking the will. IC 29-1-5-6
Divorce: If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked. Annulment of the testator's marriage shall have the same effect as a divorce. IC 29-1-5-8
Description - Indiana Life Documents Planning Package, including Will, Power of Attorney and Living Will
The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.
This package contains the following forms:
- Last Will
- General Durable Power of Attorney for Property and Finances Effective Immediately
- Durable Power of Attorney for Health Care
- Out of Hospital
- Statutory Living Will
- Life Prolonging Precedures Declaration
- Declaration of Mental Health Care Treatment
- Estate Planning Questionnaire and Worksheets
- Personal Planning Information and Document Inventory Worksheets
- Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
- General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
- Durable Power of Attorney for Health Care - The purpose of this Power of Attorney is to give the person you designate (your agent) broad powers to make health care decisions for you, including the power to require, consent to, or withdraw any type of personal care or medical treatment.
- Out of Hospital - Do Not Resucitate Declaration - Statutory Form - This is a state specific form specifying your desires that, should you experience cardiac or pulmonary failure in a location other than an acute care hospital or a health facility, cardiopulmonary resuscitation procedures be withheld or withdrawn and that you be permitted to die naturally.
- Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
- Life Prolonging Procedures Declaration Statutory Form - This is a state specific form specifying your desires if at any time you have an incurable injury, disease, or illness determined to be a terminal condition. The form is your request for the use of life prolonging procedures that would extend your life, including appropriate nutrition and hydration, the administration of medication, and the performance of all other medical procedures necessary to extend my life, to provide comfort care, or to alleviate pain.
- Declaration of Mental Health Care Treatment - This is a form specifying your desires with regard to future mental health treatment. It allows you to make decisions in advance about 3 types of mental health treatment: psychotropic medication, electroconvulsive therapy, and admission to a treatment facility. The instructions that you include in this declaration will be followed only if 2 physicians or a court believes that you are incapable of making treatment decisions.
- Estate Planning Questionnaire and Worksheets - This form is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
- Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.