T&E Solo Pack · Indiana · Week Of May 25, 2026

Indiana.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Indiana T&E solo who knows the Probate Code cold but still loses an afternoon a week tracking the moving FSSA Medicaid pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

IN
Indiana · Hoosier State
UPC — No (own Probate Code, Title 29)
Community Property — No (common law)
LTC — Indiana Medicaid (FSSA)
Estate Recovery — Expanded (non-probate)
T&E Solo Pack Built for Indiana attorneys
The Big Three · Week Of May 25, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to an Indiana T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

Indiana estate recovery reaches the non-probate estate — the TOD deed is not a shield.

The recoverable “estate” (IC 12-15-9-0.5) is broader than probate: it captures property passing by joint tenancy, POD/TOD, life estate, trust, and certain annuities.

The reflexive Indiana probate-avoidance move — a TOD deed on the home — does not defeat FSSA recovery. This is the structural fact an Indiana Medicaid plan is built around.

Ind. Code § 12-15-9-0.5 · iga.in.gov; FSSA Medicaid Estate Recovery (in.gov/fssa)

02

FSSA’s recovery filing window is set to expand — watch the 2026 session.

Current law gives FSSA 120 days after death to file against the probate estate (IC 12-15-9); pending 2026 legislation (SB 275) would extend that to roughly nine months.

A longer claim window changes how long an Indiana estate stays exposed and how you advise personal representatives on distribution timing. Confirm enactment before relying on it.

Ind. Code § 12-15-9; Ind. SB 275 (2026) · iga.in.gov

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); the special income standard is $2,982/mo. Indiana applies the federal $752,000 home-equity floor.

Two places this lands: community-spouse protection math and the income cap for institutional eligibility. Flag the 2028 OBBBA $1,000,000 home-equity cap now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of May 25, 2026

This week.

This week in Indiana for the T&E solo with Medicaid-planning clients: what the Indiana State Bar Association, the county probate courts, and FSSA put in front of you.

The ISBA CLE calendar, the Probate, Trust & Real Property Section, and the FSSA estate-recovery updates all publish on different schedules. This is that sift, already done, with the link on each item.