Questions Answered by William J Webster

Q: My son is seeking a divorce from his mentally unstable wife of 7 years. His work schedule is from 8-5 what does he need

1 Answer | Asked in Child Custody and Divorce for Indiana on
Answered on Feb 26, 2019
William J Webster's answer
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, so feel free to contact our office at 317-565-1818.

-William Webster

Q: My mother didn't leave a will has to property has no debt what kind of lawyer do I need? There are four of us agreement.

1 Answer | Asked in Probate for Indiana on
Answered on Feb 16, 2019
William J Webster's answer
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 the authority to transfer property from the person who passed away to his or her beneficiaries or heirs at law.

Depending on the size of the estate and types of property, there may be other...

Q: Is Indiana a no fault state?

1 Answer | Asked in Divorce for Indiana on
Answered on Dec 9, 2018
William J Webster's answer
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 division of the marital estate.

I hope the above answers your question. If you have any additional questions, please feel free to contact our office at 317-565-1818.

-Will

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
William J Webster's answer
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/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...

Q: How do I know if I can afford to divorce my husband?

1 Answer | Asked in Divorce for Indiana on
Answered on Oct 1, 2018
William J Webster's answer
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 final and assets are available for legal fees. If the above does not apply to you, then there are organizations that provide free or reduce rate legal fees. Indiana Legal Services is a great...

Q: When a couple decides to get a divorce, can the husband or the wife take anything out of the house prior to the divorce?

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 19, 2018
William J Webster's answer
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 and/or making a list of all the property in the house that your husband has removed. He is not supposed to "dissipate" assets, meaning get rid of property, therefore if items come up missing or he...

Q: Can you be told to stay in one particular area?

2 Answers | Asked in Divorce for Indiana on
Answered on Sep 4, 2018
William J Webster's answer
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 you from moving, but if the Court finds that it's in the best interest of the child to remain in the community or a particular area due to school, family, etc..., then the Court may indicate that if...

Q: Question regarding the married name change after divorce.

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 28, 2018
William J Webster's answer
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:

https://www.in.gov/judiciary/selfservice/2488.htm

After your review, if you have any additional questions or need further assistance, please contact my office at 317-565-1818.

-Will

Q: Me an my Ex wife divorced in 2008, we were sued over the house, I paid my share. She has been court ordered to pay r

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 6, 2018
William J Webster's answer
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 the debt in the Civil case, so you would need to file a motion for contempt in the Divorce case to try and get payment from her to address the Civil case. If she does not have the funds, then you...

Q: I am getting a divorce and my husband is trying to go after half of everything.

2 Answers | Asked in Divorce for Indiana on
Answered on Aug 2, 2018
William J Webster's answer
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 addressing the property issue.

If you have additional questions or need assistance, please contact my office at 317-565-1818.

-Will

Q: My ex has decided to not pay and college expenses for our daughter in Indiana.

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
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

Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
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.

If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...

Q: divorced in 2014 I gave my x wife the house, I also told her it had to be taken out of my name by 2015 she didn't.

1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
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 and seek assistance from the Court to enforce the Divorce Decree.

If she is not able to refinance, then you could request the Court order the house to be sold.

I hope the above...

Q: Indiana. Child support calculation legally separated.

2 Answers | Asked in Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
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 you file a Motion to Modify Support because if the Court modifies support you can argue for the modification to retroactively apply to the date of filing.

To provide a better answer, I would...

Q: Ex is to provide monthly Child Support payments and has barely made any payments, EX MIL says No Job, No Money.

2 Answers | Asked in Divorce for Indiana on
Answered on Jun 21, 2018
William J Webster's answer
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 ability to pay the support. In my opinion, he would have to show the Court that he is taking great efforts to find employment by applying for multiple jobs per day to not be found in contempt. He cannot simply say, I...

Q: How a beneficiary requests a copy of an inventory of estate's assets form/filing.

1 Answer | Asked in Probate for Indiana on
Answered on Jun 19, 2018
William J Webster's answer
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, the Court will not be overseeing the Personal Representative to ensure she is properly administering the estate.

If for some reason the Personal Representative refuses or fails to provide the...

Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on
Answered on May 2, 2018
William J Webster's answer
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 file a contempt action with the Court. In your request state he has failed to timely make payments as Ordered and ask the Court to immediately list the house for sale.

Spring / Summer is...

Q: Can you file for Divorce prior to terms of property settlement

3 Answers | Asked in Divorce for Indiana on
Answered on Apr 17, 2018
William J Webster's answer
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 agreement.

If you would like assistance with your divorce or have any additional questions, please contact our office at 317-565-1818.

-Will

Q: Stepfather passed away 3 months ago. My mom passed 4 years ago. My stepfather's daughter has his original will but has

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Apr 12, 2018
William J Webster's answer
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 copy and then compel the party to produce the original Will.

If the daughter is the Personal Rep and will eventually be the attorney's future client for the estate, he or she may be reluctant to take any...

Q: Grandfather passed leaving Dad as soul recipient in his will. During probate Dad passed away.

1 Answer | Asked in Probate for Indiana on
Answered on Apr 10, 2018
William J Webster's answer
First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then may have a potential issue. If your brother disclaims then would go to his children. You want to make sure if your brother disclaims, that the property goes to you.

I would need more information...

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