Dale & Eke is taking the COVID-19 outbreak very seriously.  So, for the purpose of maintaining social distancing under CDC guidelines and to promote the health and safety of our clients, visitors and staff and reduce the spread of COVID-19, our physical office will be closed until further notice.

For the time being we are limiting all in-office meetings to those clients and potential clients who are not feeling ill or who have not shown signs of illness.  However, we are recommending that, unless you make other arrangements with your attorney, all client and potential client meetings occur via telephone or video conferencing.  If you have any paperwork for us that you need to drop off, please use the mail slot outside of the front door to our office.

We can still be reached at our office telephone number (317-844-7400). Your call will be answered by our office phone system and you may leave a voicemail in the general mailbox or with a specific attorney. All voicemails left in the general mailbox will be routed to the requested attorney or staff.

You may also email the firm through its website at  www.daleeke.com.

We will continue to monitor this evolving situation and adjust procedures as necessary.  Your health and safety, and the health and safety of our attorneys and staff, is our highest priority.  We thank you for your patience and understanding during these uncertain and unprecedented times.

Dale & Eke - Business Attorney
A Professional Corporation of Attorneys at Law

Nuncupative wills explained

Many in Indianapolis may insist that their will always be time for them to see to their estate planning. Whether it is due to a fear of having to confront their own mortality or not wanting to have to be the “bad guy” that upsets assumed beneficiaries with their decisions, even the prospect of creating a will is daunting to some. This contributes to the ever-growing number of those who do not have a will (which is nearly 60 percent of American adults, according to the American Association of Retired Persons). Refusing to address one’s estate planning could come back to haunt them in an unexpected illness or injury has them confronting the prospect of death much sooner than they anticipated. Yet even at such a late time in their lives, they still have the chance to create a will. 

Indiana does indeed recognize nuncupative wills. These are oral wills given by those who, due to physical limitations, are unable to go through the process of executing a written will. Rather, they can state their wishes verbally in the same manner they might record them on a written document. 

Section 29-1-5-4 of Indiana’s Probate Code details its requirements for nuncupative wills. In order for state courts to validate it, a nuncupative will must be executed as follows: 

  • It must be declared by the testator before two eligible witnesses
  • It must be recorded by one of the witnesses within 30 days of its declaration 
  • The recorded will must then be submitted to be probated within six months of the testator’s death

It should be known that one cannot transfer ownership of more than $1,000 of personal property with a nuncupative will (the only exception is members of the military, where the limit is $10,000). A nuncupative also does not revoke a written will.