Estate Planning and Contract Law Legal Services Online
Gary Bolenbaugh is a graduate of the Kelley School of Business at Indiana University in Bloomington and Regent University School of Law in Virginia Beach, Virginia. He passed the Indiana Bar Examination in the Spring of 1997 and was sworn in to practice law in the State of Indiana on June 6th, 1997.
He also currently serves as an Adjunct Professor at two local universities, where he teaches both graduate and undergraduate coursework in Law, Leadership, and Ethics. Gary is an active member in church and his community, and services on several Boards.
We offer the following services:
Revocable Living Trust
Most people, if asked, would like to avoid having their estates go through the process called probate due to the expense, time delay attributable to various notices and waiting periods, paperwork required to be filed with the court, and potential court hearings. A Will, while a very good tool for some people, does not avoid probate.
A Revocable Living Trust is one tool that can help you avoid these complications. When a Revocable Living Trust is used, the person creating the Trust (generally referred to as Trustor, Grantor, or Settlor) retitles assets in the name of the Trust. Even though the assets are transferred into the trust, this Trustee still has the right to manage the assets of the Trust without Court intervention. For example, instead of owning my home as Gary Bolenbaugh, the name on the deed (or title, account, or security) is changed to the "Bolenbaugh Trust dated September 4, 1999." When I sell that asset (which I maintain the right to do), I simply sign as Gary Bolenbaugh, Trustee.
A Trust works well for both single individuals and married couples.
Last Will and Testament
A will is a document in which an individual can direct the administration and distribution of his or her estate. When you prepare your will, you specify what you would like to happen with your assets, including distribution of funds and guardianship of minor children. A will has several advantages when compared to other forms of estate planning, such as living trusts and affects.
All assets that belong to you at the time of your death. A Will is generally simpler than a Revocable Living Trust and is usually significantly less expensive to have professionally prepared.
If you need for your Will to delay the distribution to one or more beneficiaries until they reach a specified age or some other event, then your Will must include what is called a "Testamentary Trust." After the administration of the estate is complete, the testamentary trust receives the assets which were allocated to it. The Trustee that you appoint then manages the trust assets according to the terms that you established.
While married couples routinely execute estate planning documents jointly, some estate planning needs to be started before you get married. A “Pre-Nup” as it is typically referred, must be executed prior to the wedding.
In a pre-nuptial agreement, couples can set the boundaries for those assets that were brought into the marriage, protect assets for children from previous relationships, and ensure that personal interests are accounted for in the disposition of your assets. Whether the marriage ends due to separation or death, you can ensure that your goals are accomplished.
Whether you are protecting the assets (disparity of net worth), protecting yourself from debt (you do not want to be responsible for your spouse’s bad credit practices in college), or trying to keep family assets (the lake house) in the family, the pre-nup is the way to take (and keep) control.
Residential Real Estate
If you are buying or selling a home, with or without a Realtor, we can review the documents to maximize your protection. In this most expensive transaction that most of us will undertake, why risk your peace of mind on generic forms. Protect your investment as either Buyer or Seller.
If you are trying to sell your home without the assistance of a Realtor, we can draft the purchase agreement for you at rates that are more economical. Give us a call to discuss.
We do a variety of business law matters, ranging from new incorporations to contracts and agreements of many kinds. We can review your agreements or create anew. This can include such things as leases, service contracts, non-competes, and severance agreements. Call to discuss this further.