Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.

If you have additional questions, feel free to contact... View More

Your son needs to contact an attorney to set-up an appointment to discuss his case and determine what steps need to be taken going forward.

Each case is unique, so it's difficult to provide an answer without knowing more facts about your son's case. We offer free consultations,... View More

Even though everyone is in agreement, in order to transfer property from your mother to you and your siblings you will need to hire a probate attorney to open and assist in administering your mother's estate.

When the estate is opened a personal representative is appointed who has... View More

Yes, Indiana is a no fault state. In Indiana, the petition for dissolution typically states there has been an irretrievably breakdown of the marriage. The Court may take a party's behavior or actions into account when determining custody and parenting time for children and/or an equitable... View More

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/... View More

In regard to legal fees, if there is a disparity in income, an attorney can petition the Court for your spouse to pay all or part of your legal fees. Further, if there are assets that will be sold or assets you will acquire in the divorce, some attorneys will be willing to wait till the divorce is... View More

Unfortunately, until there is an Order from the Court or you reach an agreement as to who gets possession of certain property both of you own the property. Therefore there is not much you can do to prevent your spouse from removing property from the marital residence. I recommend taking pictures... View More

In Indiana, if you want to move you are required to file a Notice of Intent to Relocate w/in 90 days of your anticipated move. If the non-custodial parent objects, then the Court will set the matter for hearing and review issues such as custody and parenting time.

A Court cannot prevent... View More

Unfortunately, since you did not change your name in the Divorce Decree, you will need to Petition for a Name Change in Indiana. The Indiana Supreme Court has a "self service" section that has some online materials on how to file for a Name Change. I included the link below:... View More

I would need to know more details about the case to give you a better answer, but I assume you have 2 cases going. The Divorce court ordered her to pay 1/2 the cost, but there is a Civil case where both of you are liable for the house issue.

Unfortunately, you are still responsible for... View More

In Indiana there is a presumption of 50/50, however you can rebut that presumption by making arguments you raised in your initial question such as contributions made by the parties, inheritance, etc...

I agree with the previous response that you need to seek legal counsel to assist you in... View More

Unfortunately if you did not file a Motion for College expenses with the Court prior to her turning 19, then you will not be able to force him to contribute towards college expenses.

If you have any additional questions, please feel free to contact me at 317-565-1818.

-Will

First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.... View More

Jared,

I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt... View More

When you file you petition to convert the legal separation to a divorce you can request the Court to determine child support, so should be able to address any changes in support in the divorce proceeding.

However, if you are not filing to convert to dissolution anytime soon, I recommend... View More

For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial... View More

After her appointment as Personal Representative, your husband's sister will typically file an Inventory with the Court, which is public record. As Personal Representative she should provide copies of the inventory, asset info, etc... to beneficiaries. However if the estate is unsupervised,... View More

If your name is on the mortgage, then yes his late payments will affect your credit. Since your name is on the house, he cannot legally transfer ownership without your consent.

I assume in your Divorce Decree he was awarded the house and agreed to maintain the payments. I recommend you... View More

Yes, typically parties file for Divorce first, then work on a settlement agreement.

If you are trying to expedite the divorce, then I recommend filing as there is a 60 day waiting period before the Court will take any final action on the divorce such as approving your settlement... View More

In general you need the original Will to open and estate, however in certain circumstances you can open an estate w/ a copy of the Will. In this case, if someone has the original Will and fails to produce it or it's in the "lock box" at the bank, etc... You can open an estate with a... View More