Estate Planning and Personal Services Blog

Assessors Must Tell-All Concerning Your Oil and Gas Interests

Friday, August 26th, 2011

New Law Releases Confidential Information Concerning Oil and Gas Lease Production and Ownership

Prior to July 1 of this year, Indiana Code provided that all information related to earnings, income, profits, losses, or expenditures given to an assessing official is confidential.  This confidential information included earnings, income, profits, losses, and expenditures related to production of oil and gas.  This oil and gas production information is—and continues to be—reported to the assessing officials on a form called a Form G&O-1 by the purchaser of the mineral.  This form aids the assessor in determining the total taxes due and owing on producing oil and gas leases.  The form includes information concerning a lease’s percentages of ownership and productivity.  It also includes the names and addresses of those with an interest in the leasehold.  Prior to July 1, the G&O-1 was a confidential document not subject to disclosure to the general public.  It is no longer confidential. (more…)

Estate Planning for Vacationers

Thursday, June 2nd, 2011

Summer break has finally arrived!  The sun is warm, and the kids are out of school.  It’s time to go on vacation (or so says my family!). 

Many of us will head out of town this summer to take a much needed respite from work and life’s normal activities.  Before leaving town, you should consider whether your estate planning affairs are in order.  This includes not only having a current Will or Trust in place (you know, just in case the bungee jumping adventure doesn’t go as planned!), but also includes the following less obvious concerns: (more…)

What is a Durable General Power of Attorney?

Thursday, May 5th, 2011

When thinking of estate planning, many people give lots of thought as to what should happen to their assets when they die.  Individuals often fail to ponder the important topic of who should manage assets if incapacity occurs while they are living.  The document whereby one can name person(s) or professional(s) to manage assets in the event of incapacity is a Durable General Power of Attorney.  (more…)

A Caution About Deed Forms in Real Estate Purchases

Wednesday, March 2nd, 2011

Usual practice calls for a purchaser of real estate to get a warranty deed at closing.  When a deed recites that the seller “conveys and warrants” the property to the buyer, if there is a problem with the title or right of possession after the closing, the seller has to make it good, except as to any problem or encumbrance identified in the deed and excluded from the operation of the warranties.  This gives the buyer a claim against a seller for any problems with the title to the real estate that were not revealed by the title insurance commitment or other title search, or even if no title search or title insurance commitment was obtained (which is a bad idea for any purchaser, but that is another article).  (more…)

How the Tax Relief Act of 2010 Affects Estate Planning

Monday, December 20th, 2010

On 12/16/10, Congress passed the Tax Relief Act of 2010, which will change estate planning for countless numbers of people across the country.  Now that the tax bill has passed, following is a list of the changes that have gone into effect: (more…)

Bamberger Seminar – Protecting Your Business by Succession Planning

Wednesday, August 18th, 2010

Join the attorneys at Bamberger for a complimentary two-hour seminar designed to walk you through the details of business succession planning.  The seminar will be held on Thursday, September 9, 2010 with two times available – 9:00-11:00 am or 1:00-3:00 pm. (more…)

DISAPPEARING NOTARIES

Monday, August 2nd, 2010

A recent article in the Indianapolis Business Journal noted a shocking decline in the number of notaries in Indiana in the last few years.  In years past, a notary public stamp on a document seemed to be ever present and often was the distinguishing characteristic of a document with high importance.  However, in 2007, the Indiana Secretary of State’s office noted almost 23,000 expirations, but only approximately 17,000 renewals or applications for new notaries.  This marked a 22% decline for 2007.  In 2009 the decline accelerated to 30%.  This year the decline to-date is 41%.  The chief legal counsel for the Indiana Secretary of State indicates that he believes the decline reflects that the type of authentication notaries do is falling out of fashion.  Many companies now accept photo I.D. or confirm over the telephone or Internet.  He indicated that notary publics were more popular in the days when companies and people relied heavily on postal mail.  However with the increase in multiple forms of personal communication being available, the mail is not the exclusive source to authenticate the identity of someone’s signature on a document.  If you have questions about notaries in Indiana, contact a Bamberger attorney.

Author: Laura A. Scott (bio)
Phone: 812.452.3557
email: lscott@bamberger.com

Probate — More Than a Four Letter Word (Seven Actually)

Thursday, July 8th, 2010

“Probate,” as defined by the Merriam–Webster dictionary is “the judicial determination of the validity of a Will.”  Under the laws of England, as transplanted to America, “probate law” refers to the body of law that has developed, both through statutes and court cases, governing the transfer of property at death and the proper handling of property that is held in a fiduciary capacity for the benefit of others. (more…)

Why Do I Need to Have an Estate Plan?

Monday, May 10th, 2010

Many people believe that because their estates are not subject to death taxes there is no reason to do estate planning. Actually, taxes are just one consideration for estate planning and may not be the most important reason. Whereas, family protection is the primary consideration in meeting most estate planning objectives. (more…)

Notice: Change in Bamberger Blog Subscription Provider

Wednesday, April 21st, 2010

As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)