Will planning in Fort Wayne has never been more important, even though a recent change in federal tax law might suggest otherwise. At the start of 2026, Congress permanently raised the federal estate and gift tax exemption to $15 million per person, or $30 million for a married couple. For the vast majority of families, that means there is no federal estate tax bill to plan around.
That is good news, but it has also created a dangerous assumption: that without a tax problem to solve, a will can wait. A will was never just a tax tool. It is the document that decides who raises your children, who settles your affairs, and who receives what you have spent a lifetime building. Without one, Indiana law makes those decisions for you.
What Happens in Indiana Without a Will
When someone dies without a valid will, Indiana’s intestate succession laws decide who inherits, regardless of what the person would have wanted. The outcome depends entirely on family structure:
- If you are survived by a spouse and have no children or living parents, your spouse inherits everything.
- If you are survived by a spouse and children who are also the children of that spouse, your estate is split, with half going to your spouse and half divided among your children.
- If you are survived by a spouse and children from a previous relationship, your spouse’s share shrinks to one-half of your personal property and one-quarter of the value of your real estate, with the rest passing to your children.
- If you have children but no spouse, your children inherit everything in equal shares.
- If you have no spouse, children, or living parents, the law works outward to siblings, nieces and nephews, grandparents, and more distant relatives.
Indiana’s intestate succession statute only recognizes spouses and blood or adoptive relatives. Unmarried partners, stepchildren you never formally adopted, and close friends are entitled to nothing, no matter how close the relationship actually was. For blended families especially, the default plan written by the state rarely matches the plan a family would have chosen for itself.
It Is Not Just About Estate Taxes
The new $15 million exemption is genuinely useful for high-net-worth estate planning, but it does not replace the need for a will, and it does not make estate planning unnecessary for families below that threshold. Tax planning and estate planning solve different problems.
A will is what allows you to:
- Name a guardian for minor children, instead of leaving that decision to a judge.
- Choose your own personal representative (executor) to settle your affairs.
- Direct specific gifts of property, heirlooms, or assets to the people or causes you choose.
- Address jointly held real estate, business interests, and digital assets clearly, reducing the chance of family disputes.
Families pursuing high net worth estate planning still typically need trusts, business succession agreements, and tax-efficient strategies layered on top of a will, not in place of one. The exemption increase changes the tax math; it does not change the need for a plan.
What Makes a Will Valid in Indiana
Indiana law sets out specific requirements for a will to hold up in probate court. The person making the will must be at least 18 years old and of sound mind. The will itself must be in writing and signed by the person making it. Two competent adult witnesses must watch the signing, or watch the person acknowledge an existing signature, and then sign the document themselves.
Attaching a self-proving affidavit is not legally required, but it is strongly recommended. It allows the probate court to accept the will without having to track down and question the original witnesses, which can save your family time and legal expenses.
Life Changes That Should Trigger a Will Review
A will is not a one-time document. It should be revisited whenever life changes in a way that affects who you would want to inherit, or who you would trust to carry out your wishes:
- Marriage or divorce
- The birth or adoption of a child or grandchild
- Moving to Indiana from another state
- Buying, selling, or significantly changing real estate or business interests
- A meaningful increase or decrease in your overall assets
- The death of a named guardian, executor, or beneficiary
Why Fort Wayne Families Choose a Local Estate Planning Attorney
Working with an Indiana estate planning attorney who is familiar with Allen County probate court and Indiana-specific law helps ensure your will actually accomplishes what you intend, rather than creating new problems for your family to untangle later.
At Bonahoom & Bobilya, will planning in Fort Wayne is rarely a stand-alone project. Wills, trusts, elder law and Medicaid planning, probate and estate administration, and business succession often overlap, particularly for family-owned businesses and blended families. We help clients connect those pieces so nothing is left to chance, or to a judge.
A will does not have to be complicated, but it does have to be done correctly. Whether you are creating your first will, updating one that no longer reflects your life, or planning for a high-value estate, our attorneys can help. Contact Bonahoom & Bobilya today to schedule a consultation and put a plan in place that protects your family’s future.
