Indiana Family Law Questions & Answers

Q: Do I need a guardianship if I have a general POA to be able handle issues with social security?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
You should be able to handle issues pertaining to Social Security for the principal of the POA. That said, many POAs are limited in scope while others explicitly spell out what powers are granted to the POA agent. You should review the POA to see if it authorizes you to speak to the SSA.

Q: Need to find out about contesting a will

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
If you are looking to contest a will you should look for a local probate attorney to set up a consultation. You can use this website to find one.

Q: I struggle with severe family issues yet CPS dont do anything on lack of evidence. I am 17 (18 in Oct) can I move out?

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
Consult with a family law attorney to discuss your options, including emancipation.

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: 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: State of Indiana

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Jan 18, 2019
Clarissa Finnell's answer
Child support terminates in Indiana at age 19 unless you have a disabled child. If your support is being paid by income withholding you may need an order from the court to terminate the withholding order when your child turns 19. I recommend consulting with a family law attorney in you area to review the facts of your particular case. If you owe back support, then you cannot merely stop paying support when your child turns 19. Also, payment of college expenses can extend past the age of...

Q: Can I get child support in Indiana if I don't have a job?

1 Answer | Asked in Child Support and Family Law for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

1 Answer | Asked in Probate and Family Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.

If the value of the estate is under $50,000.00 (I believe it was increased this year), you do not have to open an estate. You can transfer the property through a Small Estate Affidavit. Contact...

Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?

1 Answer | Asked in Family Law and Estate Planning for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

1 Answer | Asked in Family Law and Elder Law for Indiana on
Answered on Nov 29, 2018
Alexander Florian Steciuch's answer
You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated executor, which usually requires wrongdoing on the executor's part.

Q: Can my mom give me custody of my sister if my grandparents have guardianship?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
Your mother does not have custody of your sister. Your grandparents do. Your mother cannot sign anything over. If your grandparents are the legal guardians of your sister, this means there was a court determination that your mother should not have custody and your grandparents should.

Q: Can I change my visitation schedule?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 27, 2018
Clarissa Finnell's answer
Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney review your Decree and facts of your case to assist you in determining possible outcomes of a modification.

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
William J Webster's answer
In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...

Q: So my wifes mother passed. They haven't been on speaking terms for the last 3 years. Her friend says that she has

1 Answer | Asked in Family Law for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
Indiana law dictates the order of who is allowed to make plans for handling the remains of a deceased individual. Under Indiana law, that order is:

1. Individual named in a funeral declaration

2. The appointed healthcare power of attorney

3. Surviving spouse

4. Adult child

5. Next of kin

....so on and so forth. Executor of the estate is actually listed last as the individual with the authority to decide on the disposition of the remains....

Q: How much rights do I have as a parent to deny a grandparent visitation?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Oct 26, 2018
Alexander Florian Steciuch's answer
If there is no court order otherwise or shared custody agreement or anything else that would give the grandparents a legal right to visit or have custody of the grandchildren, you have the right to keep the children from the grandparents. The grandparents in turn have the right to petition the appropriate court to establish visitation rights. Until that time that an order is put into place that says otherwise, you can keep the children from the grandparents.

Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

1 Answer | Asked in Child Custody and Family Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best interests of the child, that's will be his or her decision.

Q: is there a law that relates to pro se litigants being rushed in the court room?

1 Answer | Asked in Family Law for Indiana on
Answered on Aug 8, 2018
Alexander Florian Steciuch's answer
As far as I am aware of there is no law about rushing a pro se litigant through a bench trial. That said, courts are run on a schedule. Generally if a trial is not completed in the allotted time, another date and time is scheduled for an additional hearing. You may have been confused on 90 minutes total versus 90 minutes for that day.

Q: Do I have to hire a lawyer to modify custody arrangements?

2 Answers | Asked in Child Custody and Family Law for Indiana on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
Check with an Indiana lawyer, but most states allow a party to file such a motion pro se. That being said, you'd be well advised to hire a lawyer for this important matter.

Q: Non-custodial parent pays child support thru garnishment. It always comes on Wed or Thurs diligently. Why not this week?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Jul 3, 2018
Alexander Florian Steciuch's answer
The best way to find out is to contact whomever is handling child support cases locally, or, if they do not have the answer, contact whomever is handling the payments.

Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.

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