Robert York

Marion County and all surrounding counties, Probate Lawyer, focusing on contested disputes involving: estates, trusts, probate, guardianships in all Indiana state and federal courts.

Administrative Law Judge, Indiana, 1974-83. Frequent Special Judge, major felony jury trials (1992-2011, 2016-2018). Frequent Indiana Supreme Court Hearing Officer, attorney discipline matters 2013-2020. Frequent court-appointed estate, guardian and trust fiduciary. Mediator.

Admitted, United States Supreme Court, 1991-2024.

Bar Register of Preeminent Lawyers, (1999-2024).

Martindale-Hubble Rating, AV (1999-2024).

Indiana University Robert H. McKinney School of Law

J.D. (1973)

1969 - 1973

Honors: Cum Laude

Indiana University - Indiana University/Purdue University at Fort Wayne

B.S. (1969) | Education

1965 - 1969

Founder

Robert W. York & Associates

1984 - Current

Claims Against Decedents’ Estates

Estate & Trust Litigation

Evidence in Probate/Trust Litigation

Evidentiary Problems in Probate Litigation

Five Key Cases of 2011

Evidence in Probate/Trust Litigation, ICLEF Seminar, Indianapolis, IN

November 18, 2011

Motion Practice – Oral Arguments, IBA Seminar, Las Vegas

2010

Tips on Obtaining or Opposing attorney’s Fees in Will and Trust Contests, 120 Hot Tips in Estate Practice, ICLEF Seminar

December 22, 2020

Five Key Practice Tips Regarding Attorney’s Fees in Probate Cases, 90 Hot Tips in Estate Practice, ICLEF Seminar

December 21, 2022

Preeminent Lawyer

Bar Register of Preeminent Lawyers

1999

1999-2025

Indiana Super Lawyer

Super Lawyers

2007 - 2024

AV Rated

Martindale-Hubbell

1999-2023

Litigation Counsel of America

Fellow and Senior Fellow; Order of Justicia (100 + Jury/Court Trials);

2007 - 2025

Indiana State Bar

Member

1973 - 2025

Indianapolis Bar Association

Board of Directors 2006-2012, 2014; Vice-President, 2008, 2014; Chair various committees, 2006-2024).

1973 - 2025

Indiana Trial Lawyer Association

President, 1998-1999; Board of Directors, 1983 - 2021, College of Fellows, 1993-2021, Emeritus Director, 1999-2021.

1973 - 2025

American Bar Association

1973 - 2025

Indiana

Indiana Supreme Court

1973-2025

U.S. Supreme Court

1991-2025

• Free Consultation
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  All fees are based upon a Engagement Agreement agreed to by the client.

Q. Are there any significant disadvantages to having a TOD (transfer on death) agreement for one's brokerage accounts?

December 14, 2024

A: Suggest that you review the information at: https://www.finra.org/investors/insights/plan-ahead-transfer-your-brokerage-account-assets-death#:~:text=With%20a%20TOD%2C%20you%20keep,changes%20or%20revoke%20the%20TOD.

Q. Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

November 16, 2024

A: The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with the individual; and (C) is familiar with the individual's activities, health, and religious or moral beliefs, may make health care decisions for the person acting as a proxy.

Any health care decision must be based on the proxy's informed consent and on the decision the proxy reasonably believes the declarant would have made under the circumstances, taking into account the declarant's express or implied intentions. If there is no reliable indication of what the declarant would have chosen, the proxy shall consider the declarant's best interests in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.

A proxy's decision to withhold or withdraw life prolonging procedures must be supported by evidence that the decision would have been the one the declarant would have chosen had the declarant been competent or, if there is no reliable indication of what the declarant would have chosen, that the decision is in the declarant's best interests.

While the father-in-law is still living, you can also be appointed as his guardian, thereby being fully in charge of matters pertaining to his person and finances. When he passes away you can seek to open his estate to probate and be appointed as the personal representative. ... Read More

Q. If my stepmother cheated on my dad does she loose rights to inheritance

November 8, 2024

A: "If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife." IN ST 29-1-2-14.

But note: "While it is true that a single act would make the plaintiff an adulteress, it does not follow, we think, that, of course, she would be living in adultery, within the meaning of this statute, at the time of her husband's death. If the law makers had intended that the commission of that single crime should bar the right to a distributive share in the estate, it certainly could have been expressed in fewer words and more pointed style. Estate of Calcutt v. Calcutt, 576 N.E.2d 1288, 1293 (Ind.App. 5 Dist., 1991). ... Read More