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Robert York

Robert York

Robert W. York & Associates
  • Estate Planning, Probate, Personal Injury ...
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Biography

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).

Education
Indiana University Robert H. McKinney School of Law
J.D. (1973)
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Honors: Cum Laude
Indiana University Robert H. McKinney School of Law Logo
Indiana University - Indiana University/Purdue University at Fort Wayne
B.S. (1969) | Education
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Professional Experience
Founder
Robert W. York & Associates
- Current
Publications
Articles & Publications
Claims Against Decedents’ Estates
Estate & Trust Litigation
Evidence in Probate/Trust Litigation
Evidentiary Problems in Probate Litigation
Five Key Cases of 2011
Five Key Cases of 2012
Five Key Cases of 2013
Five Key Cases of 2014
Five Key Cases of 2015
Five Key Cases of 2016
Five Key Practice Tips Regarding Attorney’s Fees in Probate Cases
Five Tips on Managing Abusive and Vexatious Litigation
Jury Trials in Will Contest Actions
Motion Practice – Oral Arguments
New Marion County Local Probate Rules and Forms
Pitfalls for the Non-Probate Practitioner
Tips on Obtaining or Opposing Attorney’s Fees in Will and Trust Contests
Top Ten Rules To Follow In First Probate Case
Traps for the Non-Probate Practitioner
York's Top Ten Probate Decisions - With Practice Pointers
Speaking Engagements
Evidence in Probate/Trust Litigation, ICLEF Seminar, Indianapolis, IN
Motion Practice – Oral Arguments, IBA Seminar, Las Vegas
Tips on Obtaining or Opposing attorney’s Fees in Will and Trust Contests, 120 Hot Tips in Estate Practice, ICLEF Seminar
Five Key Practice Tips Regarding Attorney’s Fees in Probate Cases, 90 Hot Tips in Estate Practice, ICLEF Seminar
Awards
Preeminent Lawyer
Bar Register of Preeminent Lawyers
1999-2025
Indiana Super Lawyer
Super Lawyers
2007 - 2024
AV Rated
Martindale-Hubbell
1999-2023
Professional Associations
Litigation Counsel of America
Fellow and Senior Fellow; Order of Justicia (100 + Jury/Court Trials);
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Indiana State Bar
Member
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Indianapolis Bar Association
Board of Directors 2006-2012, 2014; Vice-President, 2008, 2014; Chair various committees, 2006-2024).
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Indiana Trial Lawyer Association
President, 1998-1999; Board of Directors, 1983 - 2021, College of Fellows, 1993-2021, Emeritus Director, 1999-2021.
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American Bar Association
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Jurisdictions Admitted to Practice
Indiana
Indiana Supreme Court
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U.S. Supreme Court
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    All fees are based upon a Engagement Agreement agreed to by the client.
Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Personal Injury
Wrongful Death
Family Law
Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements
Languages
  • English: Spoken, Written
Legal Answers
Q. Are there any significant disadvantages to having a TOD (transfer on death) agreement for one's brokerage accounts?
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?
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
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
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Websites & Blogs
Website
Contact & Map
Robert W. York & Associates
7212 N Shadeland Ave
Indianapolis City (Balance), IN 46250
US
Telephone: (317) 842-8000