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Questions Answered by William J Webster

1 Answer | Asked in Child Custody and Divorce for Indiana on

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

Do to get this done. He has custody of the kids right now and is seeking for full custody.

William J Webster answered on Feb 26, 2019

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...
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1 Answer | Asked in Probate for Indiana on

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.

William J Webster answered on Feb 16, 2019

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...
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1 Answer | Asked in Divorce for Indiana on

Q: Is Indiana a no fault state?

William J Webster answered on Dec 9, 2018

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... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on

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

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 bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster answered on Nov 10, 2018

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/...
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1 Answer | Asked in Divorce for Indiana on

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

William J Webster answered on Oct 1, 2018

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... Read more »

1 Answer | Asked in Divorce for Indiana on

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?

This would be when they're still living together but they decide they no longer want to live together and they're going to get a divorce but have not filed for divorce. I want to know if my husband can legally take any possession he wants out of the house

William J Webster answered on Sep 19, 2018

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... Read more »

2 Answers | Asked in Divorce for Indiana on

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

After divorce I am wanting to move across town, 20-30 minutes. We are in a bitter divorce to be decided by the court. Can they make a person stay in a particular town/school district? Have school aged children. It just sounds like ex is bitter and wanting to stay in control.

William J Webster answered on Sep 4, 2018

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...
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1 Answer | Asked in Divorce for Indiana on

Q: Question regarding the married name change after divorce.

I was married and divorced in Florida and i used my ex last name during the marriage but when we both were separated i didn't know that i need to ask for my maiden name back. Now i couldn't get my maiden name back as it is not mentioned in my divorce decree. Currently am living in Indiana from past... Read more »

William J Webster answered on Aug 28, 2018

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:... Read more »

1 Answer | Asked in Divorce for Indiana on

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

Remaining balance, but never did and I'm still being called upon to pay her share. Can I be removed from the case

William J Webster answered on Aug 6, 2018

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...
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2 Answers | Asked in Divorce for Indiana on

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

I have supported him completely for the last 20 years. He has his own business, but none of the money from that business was contributed to the family income. I paid for the past two years of our daughter's college, have paid every bill, have made insurance payments for his life, car, etc., and... Read more »

William J Webster answered on Aug 2, 2018

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...
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1 Answer | Asked in Divorce for Indiana on

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

Daughter is 19. Emancipated at 18 to stop support payments. Agreed to pay, now says he is not. We did not have an agreement drawn up by attorneys for college expenses. Verbal only.

Daughter is a fulltime student.

Since my daughter is emancipated does my ex walk away scot free ?

William J Webster answered on Aug 1, 2018

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

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on

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.

The night he left his family beat me and my sister and we had to get pictures of our body taken at the police station

William J Webster answered on Aug 1, 2018

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.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Indiana on

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.

She up an left the house in summer of 2017 she told me keys were on counter that it was mine again. An after 7 months of cleaning she had me thrown off property she lives at another house we both live in Lagrange Co. Indiana. House in question is at 104 cemetery st Wolcottville, Indiana please help... Read more »

William J Webster answered on Aug 1, 2018

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...
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2 Answers | Asked in Divorce for Indiana on

Q: Indiana. Child support calculation legally separated.

I am legally separated and have been for the past eight months. I am paying child support now. When we go to final decree, At which point is the gross income calculated for the new child support figure? In other words do I pay the existing child support amount or is it calculated by my wife’s... Read more »

William J Webster answered on Aug 1, 2018

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...
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2 Answers | Asked in Divorce for Indiana on

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

My ex is to provide child support monthly due to a provisional order. He has barely paid and not consistent. While the ex MIL says No Job, No Money. Is he being in contempt?

William J Webster answered on Jun 21, 2018

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... Read more »

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1 Answer | Asked in Probate for Indiana on

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

My husband’s father, a resident of Elkhart City, passed away in May. He did not leave any paperwork designating an executor/administrator/personal representative to his estate; although he did have a will.

My husband has three siblings (all are adults). All four of them are in agreement... Read more »

William J Webster answered on Jun 19, 2018

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... Read more »

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on

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

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... Read more »

William J Webster answered on May 2, 2018

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...
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3 Answers | Asked in Divorce for Indiana on

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

I would like to file the paperwork to hopefully expedite the divorce.

William J Webster answered on Apr 17, 2018

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...
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1 Answer | Asked in Estate Planning and Probate for Indiana on

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

Not filed probate yet. Stepfather' s lawyer said he cannot file with a copy of the will. How can I force the stepdaughter (my stepsister) to start probate? I have no idea if I am a beneficiary in the will and no way of finding out because lawyer can't tell me what is in the will and step sister... Read more »

William J Webster answered on Apr 12, 2018

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... Read more »

1 Answer | Asked in Probate for Indiana on

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

Dad contacted the estate attorney stating he wished to gift grandpas house to me during probate, the lawyer advised to wait. Dad passed leaving me as the executor of the estate, and my brother 50/50 hairs, and the court made me the executor of grandpa's estate. My brother knows dad wanted to give... Read more »

William J Webster answered on Apr 10, 2018

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... Read more »

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