Trust Lawyer in Indiana

Trusts · Indiana

Trust Attorneys in Indiana

A well-structured trust can protect your assets, provide for your loved ones, and help your family avoid the delay and expense of probate. At Webster & Garino LLC, our Indiana trust attorneys work with individuals, families, and business owners throughout Hamilton, Marion, and Boone Counties — including Westfield, Indianapolis, Carmel, and Noblesville — to create trusts tailored to their specific needs and goals.

Whether an estate is straightforward or contested, our team provides knowledgeable legal guidance at every step.

We serve families throughout Hamilton, Marion, and Boone Counties, including Westfield, Indianapolis, Carmel, Noblesville, and surrounding communities.

or call (317) 565-1818

WHO WE HELP

Who Benefits from a Trust

Probate affects anyone connected to a deceased person’s estate, from executors and personal representatives to beneficiaries and surviving family members. Our attorneys work with clients at every stage of the process.

  • The executor or personal representative named in a will who must administer the estate, pay debts, and distribute assets to beneficiaries
  • A surviving spouse or adult child who needs to understand their legal rights in an estate — whether or not a valid will exists
  • A beneficiary or heir who wants to ensure the estate is being properly managed and that their interests are protected
  • A family member dealing with a small estate that may qualify for simplified probate proceedings under Indiana law
  • Someone facing a contested probate — including will disputes, creditor claims, or disagreements among beneficiaries
  • An individual seeking to plan ahead and minimize or avoid probate for their own estate planning

A clear plan can protect your loved one’s eligibility for essential benefits while giving your family confidence about the future. Our attorneys are ready to help you put the right structure in place, no matter where you are in the planning process.

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What Our Clients Have to Say…

50+

Years Experience

3

Counties Served

100%

Focused on Families

2

Office Locations

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Why a Trust May Be Right for You

Without a trust, your estate may pass through probate — a public, court-supervised process that can take months or years and reduce what your beneficiaries receive. A properly funded trust keeps your assets private, bypasses probate entirely, and gives you control over exactly how and when your assets are distributed.

UNDERSTANDING YOUR OPTIONS

What Is a Trust?

Probate is the court-supervised process of settling a deceased person’s estate. It involves validating a will (if one exists), appointing a personal representative, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries, all overseen by Indiana county probate courts.

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Revocable Living Trusts

Funded with the beneficiary’s own assets such as a personal injury settlement. Must include a government benefit programs payback provision under 42 U.S.C. §1396p(d)(4)(A).

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Irrevocable Trusts

The most common form in Indiana. The personal representative manages the estate with minimal court involvement following Indiana Code. Faster and less costly when all parties cooperate.

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Special Needs Trusts

For estates under Indiana’s statutory threshold, a simplified affidavit process may transfer assets without full probate. Our attorneys determine whether your estate qualifies for this streamlined approach.

HOW WEBSTER & GARINO HELPS

A Complete Approach to Trust Planning

We guide personal representatives and families through every phase of probate, from the initial court filing to the final distribution of assets.

01

Trust Drafting & Formation

We handle all initial court filings, including the petition to open probate, the appointment of the personal representative, and the filing of the will with the county court.

02

Trust Funding Guidance

We assist personal representatives in identifying, cataloging, and valuing all estate assets — including real estate, bank accounts, investments, and personal property.

03

Trustee Guidance & Administration

We manage the creditor notification process, evaluate the validity of claims, and advise on the proper order of payment to protect the estate and the personal representative from liability.

04

Distribution to Beneficiaries

Once debts are settled, we guide the personal representative through the proper distribution of assets to heirs and beneficiaries — per the will or Indiana intestacy law.

05

Trust Modifications & Amendments

When beneficiaries disagree or a will is challenged, our attorneys represent clients in contested probate proceedings, protecting your interests and working toward resolution.

06

Coordination with Your Will & Estate Plan

We prepare the final accounting for court approval and handle the formal closing of the estate — ensuring all legal requirements are met and the personal representative is properly discharged.

INDIANA LAW & LOCAL EXPERIENCE

Trust Law in Indiana

Indiana trusts are governed by the Indiana Trust Code (IC 30-4). Our attorneys stay current on Indiana’s requirements for trust formation, funding, modification, and administration — including rules that govern trustee duties, beneficiary rights, and dispute resolution. We help you create a trust that fully complies with Indiana law and holds up over time.

We serve clients throughout Central Indiana: Westfield, Indianapolis, Carmel, Noblesville, Zionsville, and Fishers.

Indiana estate planning attorneys at Webster and Garino
FREQUENTLY ASKED QUESTIONS

Common Questions About Trusts in Indiana

We know you have questions. Here are answers to the most common concerns Indiana families bring to our office about estate or trusts.

How is a estate or trust different from a regular trust?

In most cases, Indiana probate takes between nine and eighteen months. Factors that extend the timeline include contested wills, complex assets, unresolved creditor claims, or tax issues. Simpler, cooperative estates may close sooner.

Can I just leave money to my other children to care for their sibling?

No. Assets with designated beneficiaries — life insurance, IRAs, payable-on-death accounts — pass outside probate. Jointly held property and trust assets also avoid probate. Only assets titled solely in the deceased’s name without a beneficiary designation typically require probate.

Does a estate or trust affect government benefit programs in Indiana?

Without a valid will, Indiana’s intestacy laws determine how the estate is distributed — typically first to a surviving spouse, then to children and other relatives in a specific order defined by Indiana Code.

Who should be the trustee of a estate or trust in Indiana?

The trustee must understand the beneficiary’s needs and complex distribution rules. Options include Our attorneys ensure creditors are properly notified and the estate is closed without costly errors or delays.

Can the estate pay for the attorney's fees?

Yes. Attorney’s fees for probate services are typically paid from estate assets, not out of pocket by the personal representative. Our team provides transparent fee information at your initial consultation.

What does a estate or trust cost to set up in Indiana?

Probate assets typically include individually owned real estate, bank accounts without beneficiary designations, tenants-in-common property, unpaid wages, and tax refunds. Our attorneys can review the estate and determine exactly what must go through probate.
WE’RE HERE TO HELP

Let’s Guide Your Family Through the Probate Process

Probate doesn’t have to be overwhelming. Our experienced Indiana probate attorneys are ready to guide you step by step — with clear communication and trusted legal advice throughout.

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Serving Hamilton County · Marion County · Boone County · Westfield · Indianapolis · Carmel · Noblesville · Zionsville · Fishers · Cicero