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Brian C. Hewitt


T: 317.922.2840
F: 317.630.2790

Legal Assistant

Brenda Clarkson

T: 317.237.0500


Over the past four decades, Brian has become one of Indiana’s most highly respected trust and estate litigators. He describes himself as a “specialized generalist,” because of his diverse areas of expertise.

Brian is an accomplished litigator, but his greatest professional love is mediation. He relishes the opportunity to resolve a complex legal situation in a single day—and to help the people involved avoid expensive, messy, and emotionally draining litigation.

Brian’s colleagues admire his unrivaled gift for understanding people’s needs and charting a course that allows both sides to leave mediation feeling satisfied. His track record proves that ability. He has settled nearly 1,000 trust and estate cases and hundreds of real estate, commercial, and professional malpractice cases, with a success rate of more than 90 percent.

Named to the distinguished list of Indiana Super Lawyers every year since 2009 and to that publication’s “Top 50” list for more than a decade, Brian has represented financial institutions and other fiduciaries in some of the state’s most high-profile cases, including the estates of Indianapolis Colts owner Robert Irsay and commercial property mogul Melvin Simon.

Brian is a frequent speaker and author on important topics related to trust and estate mediation and litigation, giving regular presentations to the American College of Trust and Estate Counsel (ACTEC), the Indiana State Bar Association, and the Indiana Continuing Legal Education Forum (ICLEF). As a recognized expert in the field of trust and estate law, he is regularly asked to consult or testify as an expert witness in cases involving trusts, estates, commercial law, malpractice, and civil procedure.

Outside of the office, Brian enjoys spending time with his grandchildren, golfing, playing guitar, and writing music for guitar and voice performance. He and his wife are avid supporters of the Indianapolis Children’s Choir, where two of his children sang for many years.

Publications and Presentations

• “120 Hot Tips in Estate, Trust and Probate Practice – Lessons I Have Learned,” ICLEF, 
    December 2020.
• “Advanced Civil Mediation Practice – Lessons I have Learned,” ICLEF, November 2020.
• “Advanced Estate Planning Roundtable,” ICLEF, 1998, 2000, 2008.
• “Dealing with Difficult Estate Disputes,” ISBA, June 2016.
• “Defending Estate Claims,” ISBA, September 2016.
• “Estate Litigation,” ICLEF, 2009.
• “Estate Litigation and Mediation,” ICLEF, 2006.
• “Estate Planning for a Second Marriage,” ICLEF, 2007.
• Estate Planning Seminar, NBD Bank, N.A., 1995.
• “Family Limited Partnerships & Limited Liability Companies,” ICLEF, 2001.
• “Fiduciary Conflicts of Interest, Breaches of Conflicts to Devise and Probate Mediation Tips,”
    MainSource Bank, 2010, 2011.
• “Fiduciary Litigation Committee – Mock Trial of Trust Reformation Proceeding,” American
    College of Trust and Estate Council (ACTEC), November 2022.
• “Five Scary Probate and Trust Litigation Engagements,” ICLEF, 2006.
• “Fundamentals of Estate and Tax Planning, ICLEF, 2001.
• “Handling Will and Trust Contests and Difficult Personal Representatives,” NBI, Inc. 1999.
• “How to Protect Your Client’s Estate Plan: A Personality Driven Approach to Avoiding or
    Settling Will and Trust Contests, and The Will You Prepared Has Been Contested: The Do’s
    and Don’ts of Will Preparation and Execution,” ALI/ABA/ACTEC CLE Webcast, April 2021.
• Indiana Continuing Legal Education Forum (ICLEF): 90 Hot Tips in Estate, Trust, and
    Probate Practice, 2015, 2019, 2021.
• Indiana Continuing Legal Education Forum (ICLEF): 120 Hot Tips in Estate, Trust, and
    Probate Practice, 2014, 2015, 2018, 2019.
• Indiana Continuing Legal Education Forum (ICLEF): Five Hot Tips in Estate, Trust, and
    Probate Practice, 2017.
• “Lessons I Have Learned,” Association of Attorney Mediator, April 2021.
• Marvin R. Pliskin Advanced Probate and Estate Planning Institute – Ohio State Bar
    Association, September 2022.
• “Master’s Series Advanced Estate Planning,” ICLEF, July 2013.
• “Master’s Series Estate and Business Planning,” ICLEF, 2009.
• “Mediation of Probate/Estate Disputes,” ISBA, September 2019.
• “Midwest Estate, Tax, and Business Planning,” ICLEF, 2002, 2003.
• “Personality Driven Approach to Mediation,” ACTEC Fiduciary Litigation Committee, June
• “Personality Driven Approach to Mediation,” Missouri State Bar, December 2020.
• “Personality Driven Approach to Mediation,” Texas State Bar, 19th Annual Advanced
    Alternative Dispute Resolution, January 2021.
• “Probate Administration, Duties of and Disputes with Fiduciaries,” ICLEF, 2011.
• “Probate and Trust Mediation,” ACTEC Regional Meeting, December 2011.
• “Probate and Trust Litigation,” ICLEF, August 2017.
• “Probate and Trust Mediation, Fiduciary Conflicts of Interest, Duties of Personal
    Representatives and Trustees,” Sedona, Arizona, 2012.
• “Probate Litigation,” ICLEF, 1997, 2004.
• “Probate Mediation,” Midwest Estate Planning Institute, 2013.
• “Probate Mediation: A Roundtable Discussion,” Indianapolis Bar Association, 2006.
• “Probate Mediation: A Means to an End,” Indianapolis Bar Association, 1995, 1996, 2002.
• Probate Review – ISBA, January 2015.
• “Steps to Avoid Litigation,” Estate Planning Council of Indianapolis, January 2020.
• “The Dos and Don’ts to Protect a Will from an Anticipated Contest,” ACTEC Fiduciary
    Litigation Committee, June 2022.
• “The Do’s and Don’ts of Will Preparation and Execution,” ACTEC Regional Meeting,
    December 2017.
• “The Fiduciary Detective: Asset Marshalling Challenges,” ISBA, July 2018.
• “The State of Probate and Trust Litigation,” ACTEC Regional Meeting, December 2015.
• “Top 10 Tips for Mediation Success, Complex Business Litigation, How to Close a Deal to     
    Your Advantage in Mediation,” and “Top 10 Things that Drive Mediators Crazy,” ICLEF,
    October 2021.
• “Tortious Interference with Inheritance,” American Law Institute, March 2016.
• “Tortious Interference with Inheritance,” Indianapolis Bar Association, March 2014.
• “Tortious Interference with Inheritance,” ACTEC Annual Meeting, Tucson, Arizona.
• “Traditional CLE for Attorneys and Judges,” Legal Aid, April 2018.
• “Universal Truths of Conflict Analysis in Representing Fiduciaries or Beneficiaries,” ICLEF,
    October 2006.
• “Will and Trust Mediation – Turn it Up a Notch,” ICLEF: 90 Hot Tips in Estate, Trust, and
    Probate Practice, December 2022.

Affiliations and Activities

• Advanced Attorney-Mediator Training – AAM, April 2019
• Advanced Mediation Training – ICLEF, 2004
• American College of Trust and Estate Counsel
    o Fellow
    o Probate Litigation Committee
• Benjamin Harrison Presidential Site – Board Chairman, 2022-2023
• Board Certified Indiana Trust and Estate Lawyer – Trust and Estate Specialty Board
• Disaster Mediation Training – ISBA, April 2015
• Indiana University Robert H. McKinney School of Law – Forrest E. Jump Scholar, 1980-1983
• Indiana Super Lawyers – Top 50, 2010-2023
• Indianapolis Bar Association – Past Chair, Estate Planning and Administration Section
• Johnson County Indiana Bar Association – Past President
• Purdue University – Eugene C. Pulliam Scholarship for Journalism, 1979
• Probate Litigation Chair – ICLEF, March 2014.
• Probate Practice in Marion County and Surrounding Counties – Indianapolis Bar
    Association, 1996
• Probate Review Committee – ISBA April 2018
• Real Property and Probate Section District Representative – IBA, 2014-2022
• Registered Civil Mediator

Practice Areas


  • Indiana University Robert H. McKinney School of Law, J.D., summa cum laude, 1983
  • Purdue University, BA, highest distinction, 1980