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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).
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
Fees
- Free Consultation
- Credit Cards Accepted
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Rates, Retainers and Additional Information
All fees are based upon a Engagement Agreement agreed to by the client.
Jurisdictions Admitted to Practice
- Indiana
- Indiana Supreme Court
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- U.S. Supreme Court
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Languages
- English: Spoken, Written
Professional Experience
- Founder
- Robert W. York & Associates
- - Current
Education
- Indiana University Robert H. McKinney School of Law
- J.D. (1973)
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- Honors: Cum Laude
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- Indiana University - Indiana University/Purdue University at Fort Wayne
- B.S. (1969) | Education
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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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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
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
Websites & Blogs
Robert York and Associates Introduction
Legal Answers
3 Questions Answered
- 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 ... 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 ... Read More
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