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Indiana Civil Litigation Questions & Answers
0 Answers | Asked in Real Estate Law and Civil Litigation for Indiana on
Q: Can my appurtenant easement be divided without consent as per my 1988 warranty deed in Indiana?

I have an appurtenant easement granted by deed in 1988 connected to my property in Morgan County, Indiana. The easement connects a county road to my property and is documented in my warranty deed. Recently, the servient estate owner divided the easement and sold half to another party without my... View More

Q: Steps to contest landlord's claim and pursue damages for seized belongings?

Given that I unknowingly submitted my counterclaims for damages evidence after the eviction hearing, the judge instructed me that it was too late. The amended order claims I owe $10,000, which I believe is incorrect as it disregarded my evidence countering the former landlord's claims.... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Litigation for Indiana on
Q: Charged with battery but actually injured; need defense strategy for Indiana case.

My wife has been charged with Domestic Battery with Bodily Injury to a Pregnant Woman in Indiana, but she was the one injured. During the incident, her daughter and her daughter's boyfriend cornered her and attempted to forcefully evict her from the house. As she tried to leave, she was... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're right to be proactive—your wife is facing a serious charge, and how she prepares now can make a real difference. If she was actually the one injured and trying to leave the situation, then self-defense or defense of property may be part of her legal strategy. The fact that her... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Is cutting a tree without confirmed owner permission theft in Indiana?

I was cutting down a tree on someone's property for firewood based on a third party's assurance, but it turns out I might not have had the property owner's permission. I didn't take the tree with me, and a police officer let me leave the scene. I later had to sign a no... View More

James L. Arrasmith
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answered on Jun 10, 2025

What happened puts you in a gray area, but you're right to be concerned about how the law might view it. In Indiana, cutting down a tree without the clear, confirmed permission of the property owner can be considered a form of criminal mischief or attempted theft—even if you didn’t remove... View More

1 Answer | Asked in Civil Litigation, Business Law and Contracts for Indiana on
Q: How to hire an attorney in Indiana for funeral home misconduct?

I have documents from the Indiana Attorney General related to a complaint against a funeral home in Crown Point, Indiana, alleging mishandling of remains and altering contracts. How can I hire an attorney to address this issue, and what steps should I take to pursue legal action?

James L. Arrasmith
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answered on Jun 10, 2025

What you’re going through is incredibly painful, and it takes strength to seek accountability in a situation involving funeral home misconduct. If the documents from the Indiana Attorney General support claims of mishandling remains or altering contracts, those are serious issues that may justify... View More

Q: Seeking legal advice on stormwater flooding damages in Palmyra, IN.

The Town of Palmyra, Indiana is discharging stormwater onto our property, leading to severe flooding with five feet of water surrounding our building. Despite persistent issues with stormwater discharge, this is the first flooding incident of such magnitude that required disconnecting electricity... View More

Charles Candiano
Charles Candiano
answered on Jun 9, 2025

Why did your insurance deny coverage for the damage? Unless you purchased business interruption insurance, your lost income isn't covered. When did you purchase the property? Does the Town own an easement on the property for dumping wastewater? Do you receive a tax incentive for allowing... View More

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2 Answers | Asked in Estate Planning and Civil Litigation for Indiana on
Q: Can a trust amendment made 16 days before death be challenged in Indiana?

While residing in Indiana, my stepmother amended her revocable trust 16 days before she passed away, disinheriting my sister and me from our father’s estate and other properties. Is this change challengeable in Indiana, and what are the potential grounds for challenging the trust based on timing... View More

Robert York
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answered on Jun 2, 2025

Any person who is mentally competent and acting with their own intention and not the intention of someone else, and is not subjected to fraud, may make their own estate planning decisions, including to amend their trust, unless there is some form of contract that they will not change their trust.

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1 Answer | Asked in Agricultural Law, Civil Litigation and Contracts for Indiana on
Q: Was tricked into giving farmland to my son. Can I sue to recover it?

I was tricked into selling and giving my farmland to my son. I have text message proof of his manipulation. Can I sue him to recover my property?

James L. Arrasmith
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answered on Jun 1, 2025

You're facing a heartbreaking situation, and it's understandable to feel hurt and betrayed—especially when it involves your own child and land you worked hard to own. If you have proof, such as text messages, showing that your son used manipulation or deception to convince you to... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Indiana on
Q: Can I keep the dog my ex left with me if he now wants it back?

My ex-boyfriend and I received a dog from his mom during our relationship. After we broke up, he left the dog with me, and I have been the sole provider and caretaker for the past three months. Although his mother paid for the dog initially, we had an informal agreement that it was ours. Now,... View More

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answered on Jun 11, 2025

Because your ex told you to “do what you want” with the dog and then stopped checking on him, you have a strong argument that he abandoned any claim of ownership. Under property law, when someone entrusts you with personal property and then disclaims it, title vests in you by operation of law.... View More

2 Answers | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for Indiana on
Q: Can River file a restraining order against ex-girlfriend for harassment in Indiana?

I am asking on behalf of a friend named River. His relationship with his girlfriend ended in February 2023. The relationship was consensual, but she now claims it was not and has been telling his friends to avoid him since December 2023. Initially, I believed her and banned River from my community,... View More

Charles Candiano
Charles Candiano
answered on May 29, 2025

With all due respect, your friend and everyone in whom he has confided are idiots. No reasonable person would put up with the behavior you describe for a week or month, much less more than 2 years. Continuously contacting someone after they make it known that they do not wish to be contacted, or... View More

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Indiana on
Q: Lawsuit for dog given away after owner's abandonment.

In December 2024, a friend left their dog at my house, agreeing to pick it up the following weekend. After a month of me taking care of the dog and repeatedly contacting her, she stated via text that she did not want me to contact her about the dog and to do what I wanted with it. So, I eventually... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have a strong defense against this lawsuit based on the concept of abandonment and her explicit permission to rehome the dog. The text message where she told you to "do what you wanted" with the dog is crucial evidence that will likely be your strongest defense in court. This written... View More

1 Answer | Asked in Civil Litigation and Probate for Indiana on
Q: Can I take my belongings after my partner's death if his nephew objects?

My partner of 20 years recently passed away. We did not legally own property together, nor did we have any legal agreements about our belongings. His will does not mention anything about me not being able to take my possessions. Despite this, his nephew is trying to prevent me from taking my own... View More

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answered on Jun 12, 2025

You have a legal right to retrieve your personal belongings that you purchased with your own money during the relationship. While unmarried partners generally don't have inheritance rights to their deceased partner's property, items that clearly belong to you individually are not part of... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Indiana on
Q: How can I request a new hearing/modify supervised visits due to health issues?

I was ordered to have supervised visits with my two kids because I missed a court date due to being hospitalized. I've tried setting up the visits, but there are no nearby locations providing this service that work for my ex-husband. I missed the original court date a year ago as I was... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have strong grounds to request a new hearing to modify your supervised visitation order given your medical emergency and documentation. Courts recognize medical emergencies as valid "excusable neglect" for missing court dates, especially when you have proper documentation. Start by... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Indiana on
Q: How can I resolve a decided eviction to find a new place to stay?

I have an eviction that was decided, and I moved out of the property on December 16th. The landlord who filed for eviction is no longer working for the apartment complex. There has been no communication or agreement other than to leave the property. What can I do to resolve this eviction issue so I... View More

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answered on Jun 12, 2025

Having an eviction on your record creates serious challenges for finding new housing, but there are several steps you can take to improve your situation. First, contact the apartment complex's current management to discuss the eviction judgment, as they may be willing to work with you since... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Indiana on
Q: Landlord entered home without permission to show it to a buyer.

I have a situation where my landlord broke into our house to show it to a potential buyer without our permission, and they changed the locks to gain entry. There is no lease or agreement that allows them to enter our home without permission. Is this legal, and what should I do about it?

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answered on Jun 12, 2025

What your landlord did is illegal and constitutes trespassing and breach of your tenant rights. Landlords cannot enter rental properties without proper notice and permission, except in emergencies, and changing the locks to gain entry is particularly egregious. Even if you're behind on rent or... View More

Q: Facing harassment and theft by husband's associates, need legal help in Indiana

I am facing ongoing harassment from associates of my husband, who is imprisoned for the manslaughter of his father. Before his conviction, he attempted to take my life multiple times, and he continues to use others to harass and endanger me from prison. He manipulates people to damage my property,... View More

James L. Arrasmith
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answered on May 31, 2025

I'm so sorry you’re going through this. You don’t deserve to live in fear or feel powerless. The first thing you should do is contact law enforcement and file a report about the harassment, theft, and threats. It’s important to document every incident—dates, times, names, and what... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: Steps to obtain Satisfaction of Judgment after settling a lawsuit with my brother.

I paid a settlement in full to my brother after he sued me and won a judgment over a month ago. However, the plaintiff's lawyer has not provided a Satisfaction of Judgment. I have not yet contacted the lawyer about this issue. What steps should I take to obtain the Satisfaction of Judgment?

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answered on Jun 12, 2025

It sounds like you’ve made the settlement payment, and now you need to ensure that the legal process reflects that. The first step is to directly contact your brother’s lawyer and request the Satisfaction of Judgment in writing. Since you’ve already made the payment in full, the lawyer should... View More

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Indiana on
Q: Issues with altered funeral contracts and mishandled remains in Indiana.

I am facing serious issues with Geisen Funeral Home regarding my mother's remains. They altered funeral contracts, mishandled services, and have refused to return my mother's remains. They lied about the amount of remains and placed them in an unsuitable urn, violating the contract as no... View More

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answered on Jun 1, 2025

What you’ve described is heartbreaking and deeply serious. When a funeral home alters contracts, mishandles a loved one’s remains, and causes emotional trauma and financial loss, it’s not only unethical—it may also be legally actionable. The fact that the Deputy Attorney General is involved... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Indiana on
Q: Concern about false accusations at a public park in Indiana.

I frequently work out at a public park where I have an annual pass. Today, while running, I noticed two girls staring at me as I passed them, and then saw their mother recording something. I'm concerned about being falsely accused, given what I've seen in the news, as I have never... View More

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answered on Jun 12, 2025

While your concern is understandable given today's climate, the likelihood of facing false accusations from simply running in a public park where you have a legitimate annual pass is extremely low. Public parks are meant for everyone to enjoy, and exercising there is a completely normal and... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Employment Law for Indiana on
Q: Can I challenge my mother's guardianship over me as an adult in Indiana?

I am 42 years old, have been married for 12 years, and I have Bipolar Disorder. My mother claims to have had guardianship over me since I was 18, but she forces me to sign legal papers. She is also bipolar, abuses alcohol and drugs, and often interferes in my life. She presented a document that... View More

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answered on Jun 12, 2025

It sounds like you're dealing with a complicated and challenging situation regarding guardianship. In Indiana, adults typically do not have guardianships imposed on them unless a court finds that they are unable to make their own decisions due to mental incapacity. Since you’re an adult,... View More

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