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Indiana Questions & Answers
1 Answer | Asked in Social Security for Indiana on
Q: Can my adult my autistic son get disability/SSI if he is working part time? He doesn't make enough to pay his bills.

Hello,

We have a 27 year autistic son who also suffers from severe anxiety, depression, and asthma. We have applied for and been denied disability benefits a few times now. He is receiving the state health insurance and they require that we keep applying for disability. The Arc of Indiana... View More

James L. Arrasmith
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answered on May 17, 2024

Yes, it is possible for your adult autistic son to receive disability benefits such as Supplemental Security Income (SSI) even if he is working part-time, as long as his income and resources are within the eligibility limits set by the Social Security Administration (SSA).

Here are a few...
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1 Answer | Asked in Car Accidents for Indiana on
Q: My vehicle was involved it's a 2018. Do I have the right to have have orginal parts used?
John Michael Frick
John Michael Frick
answered on May 9, 2024

Most automobile insurance policies state that the insurer specifically has the right to approve a repair estimate that is based upon the prevailing competitive price and further the parties further agree as follows: “You agree with us that the repair estimate may include new, used, recycled, and... 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 DUI / DWI for Indiana on
Q: Did not install the ignition Interlock device, what form i need for court asking judge to reinstate my liscence?

Nevern installed cuz i was on work release and house arrest ordered. completed everything else ordered. been over 10 years and trying to get Indiana Liscence back. Could judge have BMV Indefinite suspension removed without having the interlock installed since so many yrs.

couldnt install... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 3, 2024

Contact a local traffic attorney who can review your record and see what can be done to remove suspensions to get you valid. Most attorneys have free consultations. Also, if you do not have a myBMV account set up, do so before you contact the attorney so he/she can look at your record.

1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: If my abuser is going to trial on his domestic violence charges then do I still have to testify
Michael I. Leonard
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answered on May 2, 2024

That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Hello, can someone help me determine what the tolling period would be in a civil rights action against a corporation

This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police... View More

James L. Arrasmith
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answered on May 1, 2024

In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or... View More

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
Anthony M. Avery
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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 Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Banking for Indiana on
Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana
James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are... View More

2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

James L. Arrasmith
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answered on Apr 20, 2024

When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In...
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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?

James L. Arrasmith
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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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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I was evicted and I have to return to court for damages that are not my fault. Do I need a lawyer? If so, what type?

I didn’t owe any money. They actually owed me at the time the eviction was filed.

James L. Arrasmith
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answered on Apr 16, 2024

Facing court for damages you believe are not your responsibility is a challenging situation. Yes, it would be wise to have a lawyer by your side. Given the nature of your case, a lawyer with experience in tenant rights and property law would be most beneficial. They can provide guidance, represent... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If a tenant cannot pay their rent, can they be released from the lease if they use their deposit to cover unpaid rent

Tenants would vacate property willingly at end of rental period so no eviction notice would be needed.

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a tenant cannot unilaterally decide to use their security deposit to cover unpaid rent and then be released from the lease agreement. The specific rules may vary depending on the jurisdiction and the terms of the lease agreement, but generally:

1. Security deposits are...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord fined me a pet cleanup fee, yet does not provide baggies at station. It says in lease that they provide them

The lease says to use the stations provided, yet the stations are empty. They said “those have never had bags in them” so I don’t see how they can fine me

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like your landlord may be in violation of the lease agreement by not providing the pet waste bags as stated. Here are some steps you can take to address this issue:

1. Document the problem: Take photos of the empty pet waste stations to show that bags are not being provided as...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Tax Law for Indiana on
Q: College daughter's permanent address is IN; she earned income in IL. How does she get credit for taxes paid in IL?

Although my daughter's permanent address is in IN, she lived at college and worked in IL all year. Her W-2 forms indicate IL state taxes withheld and she is filing an IL non-resident tax form. She did not earn any money in IN. Why is she being taxed by IN?

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information provided, it seems your daughter's tax situation is as follows:

1. She is a permanent resident of Indiana (IN) for tax purposes.

2. She earned income in Illinois (IL) while attending college there.

3. Her W-2 forms show that Illinois state taxes...
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1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.

The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some...
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1 Answer | Asked in Juvenile Law for Indiana on
Q: What are the statutes in indiana for minors buying lighters with fluid in them from a store
James L. Arrasmith
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answered on Apr 1, 2024

In Indiana, there are no specific state laws that prohibit the sale of lighters or lighter fluid to minors. However, individual stores and retailers may have their own policies restricting the sale of these items to individuals under a certain age, typically 18.

It's important to note...
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