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Does It Matter Who Files for Divorce First?

Indiana is a "no-fault" state, which means that you do not have to make any allegations against your spouse to file for divorce. When you file a Petition for Dissolution of Marriage, you only have to state that the marriage is irretrievably broken. Thus, on the surface, it does not matter who files for divorce first. Even when both spouses want to divorce, it can be a scary time as you are embarking on a new chapter of life. And, you have several unknowns ahead of you, such as how long the divorce process takes, whether your spouse will argue over division of property, visitation, and support, and other factors you now have to deal with. Our divorce lawyers can help you through the entire ...

Is probate needed if there is a will?

There are several things to keep in mind when you’re asking yourself, “Is probate needed if there is a will?” In some cases, you may not be able to avoid probate altogether, but you can certainly shield some assets from having to go through probate and simplify the process of probating your will. Only assets that the deceased person owned solely in their own name need to go through probate. All other assets pass to beneficiaries without oversight from the probate court. For example, placing assets in a trust – such as real estate, belongings, and other valuable items – is a way to prevent these items from being part of probate. In another example, making bank accounts “pa ...

Avoiding probate in Indiana

One of the greatest gifts you can give your loved ones is an estate plan designed specifically for your family. When you take the time to talk to our estate planning attorneys, you can proactively explore a will, power of attorney, trust and other documents that will serve your loved ones for decades. An estate plan also can be key to avoiding probate in Indiana. The time to think about estate planning is now, while you’re healthy and have time to talk to your heirs about your inheritance decisions. There are many reasons why people want to avoid probate – it can be lengthy, expensive, and stressful for surviving family members. With a few simple steps, you can minimize the impact of ...

How do I spend down assets for Medicaid?

Many older adults find in their later years that they need long-term care, whether in-home, in the community or in a nursing home. To be eligible for Medicaid long-term care benefits, a person must meet certain state income and asset guidelines. Much like the tax laws, the Medicaid laws are filled with exceptions to the rules. On average in Kentucky and Indiana, with the help of a Medicaid planning attorney, married couples will save 95% to 100% of their assets and obtain long term care benefits for the incapacitated spouse. For a single person, families can often save at least 50% of their aging parent’s assets and obtain long term care benefits. With advanced planning, a single person ...

What Happens If There Is No Will in Indiana?

People often put off creating a last will and testament either because they’re too busy or they don’t like contemplating end-of-life issues. But postponing a will is not a good idea. It can create confusion, expense, and delay for your loved ones after you’ve passed away. When someone dies without a will in Indiana, it is called “intestate succession.” It’s a complicated legal term, so the better way to think of it is by asking, “What happens if there is no will in Indiana?” If you die without a will in Indiana, your assets will pass to your closest relatives. These assets include only items that would have passed through a will under Indiana’s intestate laws – ty ...

What Legal Rights Does a Non-Custodial Parent Have?

While divorce is difficult and often incredibly emotional, its effects go far beyond the separation of two adults who no longer wish to be married. When minor children are involved, decisions about custody must be made. Decisions are made based on the best interests of the child. And unless a parent has serious problems that could endanger the child, the courts typically favor the involvement of both parents in raising their children. Most often, parents share custody in Indiana. The parent with whom the child spends more time is typically considered the custodial parent. The other parent is the non-custodial parent. The term “non-custodial” can be confusing. It might lead some no ...

Can a Trustee Remove a Beneficiary from a Trust?

In most cases, a trustee cannot remove a beneficiary from a trust. The trustee’s job is to administer the trust and act in a fiduciary capacity. However, there are at least two instances in which a trustee could remove a beneficiary: 1. The trustee is the creator (grantor) of their own revokable living trust. 2. The trust document explicitly and clearly grants this power to the trustee. If the grantor of a revokable living trust wants to make changes at any time to his or her own trust, they can. This is one of the reasons this type of trust is created: it gives the grantor a lot of flexibility in changing, expanding, or contracting the terms of the trust while the grantor is stil ...

How is Pet Custody Determined in the Divorce Process?

We Know the Treatment of Pets in the Divorce Process Is Important to You. A pet custody agreement drafted by skilled divorce attorney is essential. Most people consider pets to be part of the family, not property. The law sees them differently. Thankfully, our divorce attorneys know a way you can work around that fact. There are steps you can take to create a pet custody agreement during a divorce. This agreement will help determine how pet custody will be handled in your divorce. We love our pets, and for good reason. Companion animals have been known to lower stress, teach children compassion, and help ease symptoms of depression. When it comes to divorce, deciding who gets Flu ...

What Is the Cost of Probate?

If you or a loved one dies in Indiana or Kentucky without a will, then your estate will go through probate.  You may ask yourself, “what is the cost of probate?”  The answer to that depends on the particulars of your assets and liabilities and your unique situation.  However, probate usually costs more and takes longer than the disposition of someone’s possessions when they have an estate plan. You may think that only rich people need estate plans, but that’s not true.  Creating an estate plan is an orderly, planned, proactive way of deciding how your assets will be distributed after you pass away.  Sometimes when a person fails to create a will or estate ...

What Happens After Your First DUI?

All DUIs are serious, but courts often treat your first DUI differently than they do repeat DUI offenses.  Any DUI should be a wake-up call to a driver.  It’s time to ask yourself if you have a problem with alcohol, or if you simply made a poor decision to get behind the wheel after a dinner party or professional gathering where you had one too many beers or glasses of wine. If you’re wondering what happens after your first DUI, read on to find valuable information.  Knowing your responsibilities and rights after you’ve been charged with a DUI will help you make proactive decisions that are in your own best interest. Most importantly, you should be represented by a ...

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Indiana Residency Requirements for Divorce

Identify Residence Requirements for Indiana Divorce 

Featured Snippet: To file for a divorce in Indiana, at least one spouse must have lived in the state for a minimum of six months. Alternatively, one of the partners must have been stationed at a U.S. military installation for at least six months. 

Going through a divorce is never e[...]

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