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Indiana Questions & Answers
1 Answer | Asked in Estate Planning for Indiana on
Q: How can the named executor of a estate be changed to someone else. The ones named are not wanting it.
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally, the named executor can waive their right to serve and if there is a second named executor they can apply to serve. If there is no second named executor then a person can apply to serve with the consent of the beneficiaries and approval of the Court.

1 Answer | Asked in Car Accidents for Indiana on
Q: We got in a very bad accident with a Semi. Semi was at fault . But my license is currently suspend due to insurance.

My license is suspended due to proof of insurance. I recently just got the car switched over to my name and haven’t got insurance yet . But the semi was at fault

Todd C. Barsumian
Todd C. Barsumian answered on Jan 16, 2020

You do not say whether or not you were injured or whether there was only property damage. However, your situation as an uninsured driver would not necessarily prohibit you from recovering damages, although it may prohibit you from recovering certain noneconomic damages. Indiana has what they call... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: can My husbands parole be revoked for a new level 6 felony habitual traffic offender ?
Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can the judge who signed your arrest warrant turn around and take your money to be your paid attorney? In

Kosciusko county Indiana

Andrew L. Bennett
Andrew L. Bennett answered on Jan 16, 2020

Not sure how that is possible, it sounds like a conflict of interest, can't play two roles in a criminal case.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Is it possible to waive child support with 50/50 custody

Or is it possible for the parent that has custody to waive child support

Troy Tyson
Troy Tyson answered on Jan 16, 2020

The parties may sometimes waive a child support obligation, if both parties are in agreement on that. However, it would need to be approved by the judge.

1 Answer | Asked in Employment Law for Indiana on
Q: In Indiana, may my supervisor terminate me for filing a harassment claim against a coworker?

I work for the county. A coworker is doing what she can to alienate me from others in the office by verbally attacking me. She gossips about me to coworkers, and to my supervisor. She tells every one any mistake I make, but most of what she says is false. The first time I brought it up to my... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 15, 2020

You are in a tough situation. Generally speaking, your complaint about your co-worker is not protected, which means you won't have any legal recourse if you are terminated. To be protected, the harassment needed to have been about your race, religion, gender, a disability, etc. That does not sound... Read more »

1 Answer | Asked in Estate Planning for Indiana on
Q: My mom and brother and sister are part of a trust or estate she gets 500.00 a month but can ask for more

she wants to leave her assists to me and her granddaughter what process would this detail thank you for your help

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: You I need to know if a police officer can infact arrest me for driving while suspended if he never pulled me over

You

..I've been yanked around in court...and Eve. Charged with driving without ever reviewing a license...when I infact DO have them ,they r just suspended...I even took papers from the DMV stating I have them...and they don't do anything about it..You

And ..,while I was... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 15, 2020

You should consult with a local attorney or contact the court to request a public defender.

1 Answer | Asked in Criminal Law for Indiana on
Q: I currently have a misdemeanor battery looking for a reasonable attory can someone please give me some information pleas

first and foremost like to introduce myself my name is Angel I'm currently in South bend Indiana area someone can please give me some feedback it would be great do have some earn income saved up like to know prices please help somebody thank you very much and have yourself a good evening! today is... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 14, 2020

You can use the "Find a Lawyer" tab to search for attorneys who practice in the county where your case is pending.

1 Answer | Asked in Health Care Law for Indiana on
Q: Can you send only what you can afford on a hospital bill
Tim Akpinar
Tim Akpinar answered on Jan 13, 2020

You'll hear people say that all the time. A more prudent approach might be to contact the billing and collections department of the hospital and explain your situation and see if you could negotiate for reduced payments. If you simply take it upon yourself to reduce payments to some arbitrary... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Speeding ticket expunge?

I got 2 speeding tickets back in 2017 and I took a defensive driving course to reduce my points. On my driving record, it shows I have 0 points currently but my insurance bill is still insanely high. Can I get these 2 tickets taken off my driving record with an expungement?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 13, 2020

Depending on the view of the court and/or the prosecutors office you may be able to file a TR 60 motion to remove and expunge the tickets from your record. Consult with an attorney who can look at your record to see if there is anything else that can be addressed to help reduce your insurance... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can I get an operator's license in the state of Indiana if my commercial driver's license in Indiana is suspended
Andrew L. Bennett
Andrew L. Bennett answered on Jan 13, 2020

If there is no other reason preventing you from having an operators license, the fact your CDL is suspended will not interfere with having a personal license. If you do not have a myBMV account, consider setting one up so you can view your driving record for free.

1 Answer | Asked in Criminal Law for Indiana on
Q: What's the cost for a modification from community corrections

April 4th will be one yr since I've been placed on home detention and have 1 yr left but my case is modifiable.

Troy Tyson
Troy Tyson answered on Jan 13, 2020

It will depend on the case and your attorney. You should speak with one or more experienced criminal attorneys to get a reasonable price range.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: my boyfriend would like to get custody of his daughter. she is 10. the mother signed her rights away to her parents.

when the court date took place before, they did not tell him when it was so he could not appear to get a say at all. for 5 years he was left with no contact or visitation.

Troy Tyson
Troy Tyson answered on Jan 11, 2020

If your boyfriend can prove that he was never properly served or notified he may have some recourse. Speak with an experienced family law attorney ASAP to see what your options are.

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Replying to Keven E Flynn, how do I go about working with you? what is the charge etc????
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

First step is for you to look at my web site www.FLYNNipLAW.com or my LinkedIn profile https://www.linkedin.com/in/kevinflynnpatentattorney/ to get some more information about me. Picking a patent attorney is a big step and you should make sure that you are picking someone that seems like a match.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: if I had an idea for a shape of bandage using hydrocolloid composition for a specific condition, could it be patened?
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

The short answer is maybe.

The answer hinges on how close what you are proposing is to things already done or suggested by those of ordinary skill in the art of treating that condition or in making bandage products. While relevant prior art is not just patents and published patent...
Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Do I have full custody of my son if his mother lost custody due to failed drug tests during her neglect case or no?

My son's mother was charged with neglect after the police kicked her door in and arrested her boyfriend for drugs. She was arrested the same night for neglect. She has failed 2 drug tests for Meth since then and the last resulted in the loss of her kids for 90 days. I now have my son and her mother... Read more »

Troy Tyson
Troy Tyson answered on Jan 9, 2020

Your question leaves out several important details that make it difficult to give a comprehensive answer (for instance, was there already a custody order in place? If so, what did it say? Is DCS involved?). In general, however, merely having the children placed with you due to the mother's neglect... Read more »

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2020

You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not doing so is...
Read more »

1 Answer | Asked in Family Law for Indiana on
Q: what forms can pro se respondent file in custody case after answer has been filed before the contested hearing is held.

I have filed the answer and opposition for myself. There has not been any type of fact finding forms filed nor has there been any mediation.

Troy Tyson
Troy Tyson answered on Jan 7, 2020

You can file just about any motion or form that an attorney can. However, that does not mean it is in your best interest to do so. You should seriously consider sitting down with an experienced attorney to help you with this matter.

1 Answer | Asked in Estate Planning and Social Security for Indiana on
Q: What does the judges consider when going into disability hearing for my child

I'm trying to get ready for my daughter's hearing at the end of the month in January for disability but I don't know what to look for or what the judge is going to consider

Lakeyta Brown
Lakeyta Brown answered on Jan 6, 2020

I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and... Read more »

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