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Indiana Questions & Answers
1 Answer | Asked in Medical Malpractice for Indiana on
Q: If you go to am emergency room and are misdiagnosed and then treated in the wrong way then causing you to suffer

Excruciating pain for several weeks would there be a case against the hospital, radiologist and doctor?

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

An Indiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the short answer is that these settings are fact-specific. It would depend on the severity of injury and level of misdiagnosis. The fundamental question would be... View More

1 Answer | Asked in Estate Planning for Indiana on
Q: If my stepmother cheated on my dad does she loose rights to inheritance
Robert York
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answered on Nov 8, 2024

"If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife." IN ST 29-1-2-14.

But note: "While it is true that...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Why would an attorney put in a motion to withdraw after a case has been decided in Indiana?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 31, 2024

If it is a criminal case and a plea agreement has been entered or after a trial the person has been sentenced to probation, the reason for the attorney's appearance in the case has concluded. If the attorney did not withdraw and there were a probation revocation, then the attorney would be... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?

Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2024

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Double jeopardy in case dismissed without prejudice?

I was charged with domestic battery, they ended up dismissing the case because my fiancé would not testify against me. They dismissed it without prejudice - I know that means they can reopen it at anytime, but doesn’t that conflict with the double jeopardy clause? How can you be tried again for... View More

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

Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Is telling your attorney that they have acted incompetent a reason for them to quit? He hasn't filed with the Court

I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More

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1 Answer | Asked in Health Care Law and Insurance Bad Faith for Indiana on
Q: Is it legal to be suddenly billed for months of medical equipment usage?

I've had a CPAP for at least a year and was told that my insurance would cover it. I've just received a bill in the mail with charges going back for the last 5 months. I called the number on the bill and asked why they started charging me 5 months ago, and why they didn't send me any... View More

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Indiana attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a local attorney on specific Indiana law, there are usually protocols for submitting bills observed nationwide (either through insurance regulations or through the provisions of... View More

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 Education Law for Indiana on
Q: My kids are being told they can’t attend the school they been going to for the last 3 years just of where we live

My children been attending school in Lowell Indiana for 3 years now and this year being told they can’t attend because of where we live in Chicago we lost our place of residency and now we live with my mom temporarily and the school is telling my kids they can’t go there and I make sure they go... View More

Joel D. Hand
Joel D. Hand
answered on Sep 7, 2024

Under Indiana law, a student has a right to attend the public school in the attendance area of the school where the child has legal settlement. Legal settlement is determined by the address where the child resides.

Based on the information you provided, because you and your children now...
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Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Estate Planning and Tax Law for Indiana on
Q: How do we transfer home ownership from a deceased sister to surviving siblings? Any penalties for taking on this asset?

Sister passed away a few years ago in Indiana. She had no spouse or children and left no will, but did list a sibling as an insurance beneficiary.

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

When a person dies, their assets must go through a legal process called probate. This process involves identifying the deceased's assets, paying off debts, and distributing the remaining assets according to the terms of their will. If your sister had a will, then the home goes to the named... View More

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1 Answer | Asked in Estate Planning for Indiana on
Q: What Indiana law indicates that termination of a life estate deed require the consent of all involved parties?
Anthony M. Avery
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answered on Aug 15, 2024

The termination of a life estate usually involves the life tenant dying or conveying his interest to someone else. Otherwise it would have to be a Court Ordered reformation of the deed, a foreclosure, levy of execution or a tax sale.

1 Answer | Asked in Civil Litigation for Indiana on
Q: How can I find a lawyer that do civil litigation cases, for someone, 1st, 8th, and 14th amendment right’s being Violated

What lawyer’s will take a civil litigation case on a contingency pay.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An Indiana attorney could advise best, but your question remains open for over a week. You would need to search attorneys and ask them about how they charge for the type of matter you have - it would be case-specific. It would be the law firm's call - some civil rights matters are handled on... 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 Estate Planning for Indiana on
Q: We have our assets jointly with secondary beneficiaries. Would our heirs be subject to estate taxes?

We did this to avoid probate and want to make sure taxes would not have to be paid by our heirs. Our asets are under the 5,000,000 threshold

Anthony M. Avery
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answered on Jul 29, 2024

There is no such thing as owning "assets jointly with secondary beneficiaries". You will need an IN attorney to search your titles, signature cards and other assets with beneficiary designations. Then he should be able to discern if any taxable transfers will take place later.... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Health Care Law for Indiana on
Q: Is an insurance such as Anthem (Silver Plan) that is provided through an employer required to pay for a mammogram?

I'm currently undergoing chemotherapy and have continued to work. Community North Anderson MD Cancer Center in Indianapolis is where I went for a second opinion and began treatment. They are taking every penny, and continue to do so even though my out of pocket has been met.

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. A starting point could be to review the policy for any express provisions regarding mammograms. If they are not explicitly mentioned, your physician could be an ally there in terms of determining whether your... 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.

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