Indiana Questions & Answers

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.

1 Answer | Asked in Probate for Indiana on
Answered on Feb 16, 2019
William J Webster's answer
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 authority to transfer property from the person who passed away to his or her beneficiaries or heirs at law.

Depending on the size of the estate and types of property, there may be other...

Q: My daughter has a warrant for her arrest. Will I be in trouble if she is living with me?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
You would be harboring a fugitive if you assist her in evading arrest. If the police come knocking, let them in.

Q: In Indiana, if a cut down straw was found with traces of a white substance (according to police officer report)

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
Straw isn't paraphernalia. Inconsistencies in police reports may or may not be significant. If charges are pending, consult a criminal lawyer.

Q: I was physically abused by my ex and left. It’s been 2.5yrs. I’ve sustained emotional trauma. Can I sue for damages?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
This is not a criminal law question. You should consult a personal injury lawyer.

Q: Why would a prosecutor ask for records to be sealed in a criminal drug case?

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
Most likely to protect a confidential informant.

Q: need advice on search warrant clause

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
You have not asked a question.

Q: 3 car bumper to bumper accident on interstate. No traffic. I was the 3rd vehicle. Now I’m being sued. How liable am I?

2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Answered on Feb 15, 2019
John Paul Young's answer
The first thing you need to do is take a deep breath, everything is going to be fine. Second, deliver the summons and the complaint to your liability insurance company immediately. The insurance company has a contractual obligation to defend you and to indemnify you. (This means pay any judgment that might be entered against you up to the limit of your liability coverage).

The complaint may state "permanent injury" but the the extent of the claimant's injury will be determined...

Q: Will I lose my tax return??? Filed chapter 7

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Answered on Feb 14, 2019
Stuart Nachbar's answer
The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 13, 2019
Andrew L. Bennett's answer
The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.

Q: My MIL has a tourist visa, her son my husband is now a US citizen can she stay here in USA while he petitions for her?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Feb 13, 2019
Kyndra Mulder's answer
In general the mother of a USC is an immediate relative and a visa is immediately available to her. She can adjust inside the USA. One word of caution is that she will need to be prepared to demon state that she entered the USA with a non immigrant visa and did not intend to immigrate. If she had immigration intentions when she entered the USA on a non immigrant visa she can be charges with misrepresentation or visa fraud.

Q: Can I get married and apply for a green after being in the US for more than 10 years if I was brought as a kid?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Feb 9, 2019
Kelli Y Allen's answer
Possibly, yes. The specific facts make all the difference in determining the exact process that would apply to your case. You would need to have a full consultation with an immigration attorney to get a fully analysis.

Q: My dog was hit by a car New Years Eve. He just brought the bill to us for damage to his bumper. Are we liable?

1 Answer | Asked in Animal / Dog Law and Car Accidents for Indiana on
Answered on Feb 7, 2019
Peter Munsing's answer
See if your homeowners will pay as a casualty loss. Depending on your deductible that may not be worth it. Did you report it to the police? Many policies require it.

If the other guy sues you for the bumper it's not your fault if the dogs were set loose.

Q: My Mother passed leaving my Sister executive of her will; however, my Sister passed recently. Now what must be done?

1 Answer | Asked in Family Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
If the named executor or personal representative is unable or unwilling to serve, you should consult the will to see if there are any alternate ones named. If there are not, an heir or family member can open the probate estate and petition the court to appoint an executor or personal representative. Usually this will be a bank or another local attorney.

Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.

As for the holdover tenants, you may still need to evict whomever is left over.

Furthermore, holdover tenants still need to pay rent. They don't excused for paying rent just because there is...

Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

1 Answer | Asked in Estate Planning and Family Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will, he will be treated as having passed intestate. This means that his assets will be distributed according to Indiana laws rather than his wishes if he had had a will. Any assets that you own jointly...

Q: My son lives with me and bought a dog. Can he sue me if I get rid of the dog

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Yes, he can. It is not your dog. If you believe that the dog is being abused or neglected you can report him to the appropriate local or county authorities and they can remove the dog.

Q: My lease with my roommate is almost up. If my roommate refuses to leave after I resign the lease by myself what do I do?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
If your roommate is not paying the rent you should have worked with your landlord to evict him. If you are resigning solely in your name and your roommate is still there in the future you should evict him and as part of that sue him for his share of the utilities. You should not let it go on this long though. Four months is too long.

Q: If pipes freeze in apartment am I responsible for repairs?

1 Answer | Asked in Consumer Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Usually landlords are responsible for repairs required to the rental premises. However, in a case like this where the damage is caused solely by the tenant's negligence, you are most likely responsible for the cost of the repairs.

It is not going to matter that it was warm when you left. Indiana gets cold in the winter. Temperatures fluctuate and dip. The landlord has no control of the temperature once the rental premises is occupied.

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