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Indiana Real Estate Law Questions & Answers
0 Answers | Asked in Constitutional Law and Real Estate Law for Indiana on
Q: Can an IN HOA board waive some assessments of dues for previous years? Our board ignores discrimination to all others.

Some members had their 2023 and prior years waived while the rest of us did not have that luxury. Is that discriminatory?

0 Answers | Asked in Real Estate Law and Civil Litigation for Indiana on
Q: We purchased a property that is residential with an event venue, We closed in June, the sellers leased it until Nov 1.

When we took possession of the property, they removed items that were included in the sale, decorations, furniture, grain bin, porta johns, banquet tables, banquet chairs, they cut down a metal roof gazebo and removed it(concrete) they were supposed to transfer the liquor license. They swapped out... View More

0 Answers | Asked in Real Estate Law for Indiana on
Q: Is the seller liable for paying the assessment since they knew it was coming and did not disclose?

I recently purchased a condo in Indiana this August 2024. A few days ago, I was notified there would be a special assessment from the HOA for $9,600 for new roofs. The seller would have known this assessment was coming, because there has been communication about the project since September 2022.... View More

0 Answers | Asked in Real Estate Law for Indiana on
Q: What happens to to the our house and property, if the owner, my wife, should pass and there is no will.

My wife and I ( both in our 70's) have been married for 27 years. She has sole ownership to the house and property. She has no will. Her son has indicated to me he has no interest in any of it. She is in very poor health and is refusing treatment.

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: How do I submit my property for tax exemption? It is being used as a church
James L. Arrasmith
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answered on Oct 31, 2024

To submit your property for tax exemption as a church, start by verifying that your organization meets the necessary criteria. Typically, the property must be used exclusively for religious purposes and operated by a recognized religious organization. Gather all relevant documentation, including... View More

2 Answers | Asked in Tax Law and Real Estate Law for Indiana on
Q: If I paying taxes for 20 yrs plus remodeling the home can the others on the deed take it

If I paying taxes for 20 yrs plus remodeling the home can the others on the deed take it

Anthony M. Avery
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answered on Oct 22, 2024

A sale for partition action could occur at any time.

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1 Answer | Asked in Tax Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me and wat should I do

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Indiana on
Q: Boundary line dispute. We have tried different ways to resolve but nothing works. So I guess a civil suit ?

We would like to put it on the original line.

James L. Arrasmith
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answered on Oct 15, 2024

I'm sorry to hear you're facing a boundary dispute. Taking legal action can be a significant step, so it's important to gather all relevant documents, such as property deeds and previous agreements, to support your claim to the original boundary line.

Consider consulting with...
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1 Answer | Asked in Real Estate Law, Domestic Violence, Education Law and Federal Crimes for Indiana on
Q: Ley en donde se tipifique el delito de Homicido en Indiana
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answered on Oct 20, 2024

In Indiana, homicide is addressed under the Indiana Code Title 35, Article 42. Homicide involves the unlawful killing of another person and is categorized based on the intent and circumstances surrounding the act. Understanding these distinctions is crucial for grasping how the law is applied in... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Indiana on
Q: I am due 1640 from woodlake village and have not recieved payment. How do I go about getting this money?

I have recieved an invoice showing that I am due $1640 from Woodlake village and the time of 45 days has passed, it has been a year. I have been doing email corrspondence for a resolution but have not. I am actually owed more then the $1640 as I have the ledger showing this.

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

An Indiana attorney could advise best, but your question remains open for a month. At this point, your options are to confirm where the matter stands in terms of return of your funds. Your post indicates that you have been emailing, "but have not... " Something may have been left off, but... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Husband owns house & dies, his wife whose name was not on the Deed passes 3 months later before the Deed was transferred

Into her name. They were married 33 years. No minor children. Are her adult children entitled to the house?

Anthony M. Avery
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answered on Sep 29, 2024

The heirs of the wife AND the husband's children are all heirs at law. Hire an IN attorney to search the title and determine heirship.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: My husband built our house himself on land we own. How do we go about obtaining a deed to the house?

We eventually want to deed it over to our son, but first need to get a deed. Thank you..

Anthony M. Avery
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answered on Jul 30, 2024

Unless he is an heir of the deceased deeded owner, he does not own the property. Hire an IN attorney to search the title, and probably determine heirship. An Affidavit of Heirship would then be appropriate to notice the world of who the heirs are. He then might get a deed of the other... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If a property is bought through a sheriff's tax sale and title work wasn't done to put the property is the purchasers

Name. Can the property be resold or what is the process to get a regular title/deed?

Anthony M. Avery
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answered on Jul 22, 2024

You will need an IN attorney to find out if the Sale is confirmed. Bill of Sale is not a Deed, which you need drafted with the correct derivation of title clause, and executed by the proper government official.

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: In 6-1.1-12-13, I am confused about the verbiage. If I get a 500k home, does that mean I'm taxed as if its a 475k home?

Or is it, if I owe a grand total of 30k in property taxes each year, I would only have to pay roughly 5k? This is Indiana Code law

James L. Arrasmith
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answered on Jul 21, 2024

In Indiana, under the statute 6-1.1-12-13, a property tax deduction is provided for certain individuals. If you purchase a $500,000 home, this deduction would reduce the assessed value of your property by $25,000. This means your home would be taxed as if it were valued at $475,000 instead of... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Indiana on
Q: Indiana subdivision mandatory HOA. Can a properly designed and submitted privacy fence be denied for dislike appearance

The head of ACC archectual control commission of HOA dislikes the overall appearance of all privacy fences and even with material and design meeting building codes and material convinces, denys.

James L. Arrasmith
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answered on Jun 3, 2024

In Indiana, homeowners associations (HOAs) often have significant control over property modifications, including privacy fences. Even if your fence meets all building codes and material standards, the HOA's architectural control commission (ACC) can still deny it based on aesthetic preferences... View More

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: What's the best thing to do to avoid big tax liability on land inherited 50 years ago?

My mother-in-law owns a large tract of land in Iowa with her sister. Her sister recently died, so her portion will be inherited by her 3 children. My mother-in-law wants to know the best thing she can do with her portion. She's worried if she decides to sell her property, she will be paying... View More

James L. Arrasmith
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answered on May 7, 2024

There are a few strategies your mother-in-law could consider to minimize tax liability on the inherited land:

1. Step-up in basis: If she holds onto the property until her death, her children will receive a "step-up" in cost basis to the fair market value at the time of her death....
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Would I be able to get a quick deed for property owned by a deceased sibling without the title? I am the only living kin
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answered on Apr 30, 2024

No deed is available from the Deceased. Hire an IN attorney to search the title, determine heirship and draft an Affidavit of Heirship to record. Taxes have to be paid. Hopefully no Note needs to be serviced.

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

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answered on Apr 18, 2024

The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.

For example:

1. In...
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