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Indiana Questions & Answers
1 Answer | Asked in Estate Planning for Indiana on
Q: I have a question about an estate and the personal representative. I know i was left property in a will.
Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

Please repost with your question. Just remember that in this forum attorneys cannot give individualized advice. We can only answer questions of a general nature.

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: How can I modify child support since my income has decreased?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 27, 2020

Based on your question you file a motion with the court.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can my ticket be dismissed for an error regarding my license plate's expiration date?

I was ticketed in Lebanon (Boone County) for illegally passing a school bus, but the ticketing officer entered the expiration date incorrectly (April of 2020 instead of September). I was able to get a parking ticket dismissed in NYC for a similar error, but I'm unsure of Indiana's position on this... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 27, 2020

It is very unlikely the case would be dismissed for the error; it would be viewed as a scriveners error and the prosecutor can move to amend at any time.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: our Indpls, IN rental home tenants refuse to put utilities in their name, been 4 months, can we evict without court
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

There is no option to evict without a court order in Indiana. In Indiana you must obtain a court order to evict someone from the rental property.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: is it breach of lease in Indpls if tenants refuse to put utilities in their name? We've given them notice
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

If part of the lease agreement is that the tenants were to put the utilities in their name and are failing or refusing to do so then that is considered a breach of the lease.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord enforce a rent increase without proper notice?

I live in section 8 housing and received a letter dated 2/20/2020 that states my rent has been increased from $204 to $509 effective 1/1/2020. My husband and I don't work any more than we did last year and aside from the alarming increase, is this even legal considering they're notifying us nearly... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with whomever handles your Section 8 housing. Rent increases and notification for rent increases are strictly controlled under Section 8 housing, with notification being required to be sent to both the tenant and the housing authority and approval has to be obtained by the housing authority... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Been 6 mo's since sister(executor) filed probate of deceased father..has moved into father's mtg-free house-w/o consent

iaries. No word re: beneficiaries inheritance. Beneficiaries rights/options?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with a probate attorney in your area to investigate the matter and prod the executor to take action. If the house was to be sold or you were to inherit the house and the executor is not taking action, a probate attorney can assist you in forcing the executor to fulfill her duties.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is a home that is being sold from a trust, sold "as-is" or is the trust responsible for repairs?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

A home being sold from a trust is no different from any other home that is being sold. The burden of who is paying for repairs is between the buyer and the seller and whatever they contract. If the seller agrees to take on the burden of repairs then the seller is obligated to fix the house before... Read more »

1 Answer | Asked in Uncategorized for Indiana on
Q: If my daughter evicts me from her home. How long do I have to move out.
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

If your daughter obtained an eviction order from the court against you the date and time you have to be out should be on the court order. If your daughter has not obtained an eviction order from the court against you and is merely telling you to leave, then when you have to leave is between you and... Read more »

1 Answer | Asked in Bankruptcy and Family Law for Indiana on
Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

I just found out my ex-husband is filing Chapter 11 bankruptcy. A credit card that he agreed to pay at the time of our divorce (6 years ago) is included in his filing. I understand the creditor has the right to collect the debt from me, despite the divorce decree. Can I pay the debt and sue him for... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You simply need to file a motion in the divorce to hold him in contempt for non-payment.

1 Answer | Asked in Divorce for Indiana on
Q: In what Indiana county should a couple file for divorce?

They are selling their house in Northern Indiana since he lost his job. She is moving back to Johnson county, he is moving to Marion county for a job. Where do they file for divorce?

Troy Tyson
Troy Tyson answered on Feb 27, 2020

At least one of the parties will need to have lived in the county of filing at least 3 months prior to the date of filing. Therefore, if they are both living in northern Indiana and have been for some time, they should file in their county there.

1 Answer | Asked in Criminal Law for Indiana on
Q: I’m on the diversion, what are the chances of getting a small extension to finish the requirements?

I will have my community service done, but the class I have to take is only available a few days after my compliance hearing. I’ve had a year to do everything, but this year has been hard financially and super busy so I never had money or time for any of it. Will the judge extend it to let me do... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 26, 2020

It will depend on the prosecutor and the judge, if you had an attorney before, you should contact them before going to court. If the court and the prosecutor do not agree to the extension then your case will be back where it was before the diversion and a conviction is much more likely. If you... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a ticket for driving too fast in road conditions?

This morning I was driving to work going 40 in a 55 because there was snow on the road and I got pulled over for and got a ticket for driving to fast in road conditions. Is that justifiable?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 26, 2020

The officer is going to have to show the weather conditions justified driving so much slower, that the roads were not clear or the visibility was too bad. The type of vehicle you were driving, may also play a factor. The prosecutor/court will want to know the speed of other vehicles on the road... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: I Madison Collings am 17 had a child with 23 year old we broke up but had virbal agreement that I would let her on weeke

Let him have her on weekends on one of his visit he went and filed paternity now he refused to give child back this is day thirteen the cops won't help nothing

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 26, 2020

Based on your question if if are the mother and he has not been given custody or deemed the father by a court then he has no rights to the child at this point.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Indiana on
Q: Can Father leave annuity/trust to sister while mother still alive and in nursing home?

Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!

Nina Whitehurst
Nina Whitehurst answered on Feb 26, 2020

If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: when i get pulled over will i get in trouble if i dont have it in the car can i call parent to prove insurance?
Charles Candiano
Charles Candiano answered on Feb 26, 2020

You are required to keep the information in the car. In a worst-case scenario, you get a citation which will be dismissed if you take a letter to Court FROM YOUR INSURANCE COMPANY, that confirms that the vehicle you were driving WAS COVERED on the date you were stopped. That said, the officer was... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can a paternal grandmother be ordered custody at hearing when not a party to the case and mother was in hospital?

I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.

Troy Tyson
Troy Tyson answered on Feb 26, 2020

Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.

1 Answer | Asked in Criminal Law for Indiana on
Q: My ex,spouse at time of offense.had broken my thumb in a fight with me.He was charged with disorderly conduct.conversion

His final disposition said conversion unknown what does that mean

Andrew L. Bennett
Andrew L. Bennett answered on Feb 25, 2020

If you are looking at Odyssey/mycase.in.gov and it is an older case which was filed before the county started using Odyssey, it means the Clerk's office did not input all the data to show what actually happened with the case. Each county was responsible for how their information was inputed in the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My mother is facing domestic battery charges against her ex husband who is currently stalking and harassing her

They are just recently divorced after 15 years of marriage. Through the years he’s been physically abusing her and finally she was able to leave; however, after their altercation where he pressed charges against her, he is threatening to go ahead with them unless she complies with his advances to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 25, 2020

She needs to consult with an experience criminal trial attorney who is familiar with the court and the prosecutors office where her charges are pending.

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