Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Indiana T&E solo who knows Indiana’s own Probate Code (Ind. Code Title 29) cold but still loses an afternoon a week hunting the current homestead number, the Indiana PathWays for Aging MLTSS program (Indiana Medicaid, run by FSSA) posture, whether the latest Indiana bar ethics opinion changes how you scope an engagement, or whether a recent Indiana Court of Appeals decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Indiana lately — the week’s developments and the recent rulings from the bench.
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.
Three developments from the last seven days that I think actually matter to a Indiana T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.
A 2026 enactment extends the State’s estate-recovery claim window from 120 days to nine months, tied to the IC 29-1-7-7 notice-of-administration mechanism. FSSA’s estate-recovery page has not yet been updated to reflect the change, so the agency’s own materials still show the old window.
For an Indiana T&E solo administering an estate, this lengthens the period in which an FSSA recovery claim can land — do not advise a personal representative that recovery exposure has closed on the old 120-day assumption for deaths on or after July 1, 2026. Calendar the new nine-month window from the notice of administration, and don’t rely on the un-updated agency page for the deadline.
Ind. estate-recovery claim-window change (eff. July 1, 2026); cf. IC 29-1-7-7 · in.gov/fssa/ompp/medicaid-estate-recovery
SB 71 establishes a guardianship-code revision task force, raises the no-court-order minor threshold to $25,000 (UTMA), amends a power of attorney’s personal/family-maintenance authority, and addresses powers of appointment and relation-back. The ISBA Probate, Trust & Real Property Section testified in support.
Several of these reach an Indiana T&E solo’s everyday drafting. The expanded POA maintenance authority and the higher UTMA threshold change how you advise on agent powers and minors’ funds; the guardianship task force signals further change coming. Read the enacted text before updating your POA and guardianship forms — and watch the task force’s output for the next round.
Ind. SB 71 (2026) — various probate matters · legislativeupdate.courts.in.gov · SB 71
Indiana PathWays for Aging, the managed long-term services and supports program for Hoosiers 60+, launched July 1, 2024 (Anthem, Humana, UnitedHealthcare). Separately, FSSA estate recovery defines “estate” broadly — reaching probate AND non-probate transfers, including post-6/30/2002 JTWROS realty, POD/joint accounts, certain annuities, and revocable-trust assets.
Two things to carry into the file. First, PathWays is the operative LTC delivery framework — confirm a client’s managed-care plan before planning around service access. Second, Indiana’s broad recovery definition means probate avoidance is not recovery avoidance: a TOD deed, POD account, or revocable trust does not, by itself, defeat the FSSA claim. Plan recovery as its own problem.
Indiana PathWays for Aging · in.gov/pathways/home · FSSA estate recovery: in.gov/fssa/ompp/medicaid-estate-recovery
Decisions from the courts that bind an Indiana practitioner — the Indiana Supreme Court and the Indiana Court of Appeals, the U.S. District Courts for the Northern and Southern Districts of Indiana, and the Seventh Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.
Across the Indiana Supreme Court, the Indiana Court of Appeals, the U.S. District Courts for the Northern and Southern Districts of Indiana, and the Seventh Circuit, no qualifying trusts-and-estates or estate-recovery decision has been logged with a full citation this period. Per the lane’s no-invent rule, this row says so plainly rather than inflating a holding.
Nothing to re-paper from the bench this period; controlling authority is unchanged. CourtListener is used for discovery only and is never cited here as authority.
Awaiting verified weekly signal — CourtListener used for discovery only, never cited as authority.
This slot holds the next significant trusts-and-estates or estate-recovery decision from Indiana’s appellate courts or the federal courts covering Indiana. The lane reads each opinion before it lands here, and reads-and-discards Medicaid program/provider litigation as not T&E. When the trailing window has no new ruling, this row says so plainly rather than inventing one.
Nothing to re-paper from the bench this period; controlling authority unchanged.
[Official reporter · court · date — never courtlistener.com]
This week in Indiana for the T&E solo with Indiana Medicaid clients: the developments from the Indiana State Bar Association and the Family and Social Services Administration (FSSA / Indiana Medicaid) that actually moved your practice this period — each one primary-source verified.
Bar and Medicaid changes land on different schedules and aren’t indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.