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Indiana Family Law Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Indiana on
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.

We have been married for 6 years. The house and all vehicles are in both my husbands and my name. What would happen to our assets if he passed without a will?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

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,...
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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: State of Indiana

My last child with the custodial parent will be turning 19 on March 8th, 2019 which is 53 days from today. What is involved and how soon can I begin proceeding in ending the child support?

Clarissa Finnell
Clarissa Finnell answered on Jan 18, 2019

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... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can I get child support in Indiana if I don't have a job?

I currently live in Texas. I found out my husband never divorced his first wife. We've been together almost 10 years, married 6 years. I am having our marriage voided and I'm moving to Indiana near Hartsville, with the kids. I will not have a job right away, I will make maybe 20% the amount of... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 10, 2019

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

1 Answer | Asked in Probate and Family Law for Indiana on
Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

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.... Read more »

1 Answer | Asked in Family Law and Estate Planning for Indiana on
Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 4, 2018

Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

1 Answer | Asked in Family Law and Elder Law for Indiana on
Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

My mother is still living. The court to petition is in Bedford, Indiana.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 29, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can my mom give me custody of my sister if my grandparents have guardianship?

My grandparents are in PA and that is where they got guardianship. My mom and I are in two different states. My mom never signed over custody when my grandparents got guardianship. I was wondering if my mom could sign my sister over to me so I do not have to take my grandparents to court?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 28, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can I change my visitation schedule?

My current decree doesn’t have a visitation schedule, we are to work it out due to his work schedule. He works swing shifts and his schedule is never the same. I want to have set times due to his lack of communication and commitment to his time with her. I often get last-minute cancellations,... Read more »

Clarissa Finnell
Clarissa Finnell answered on Nov 27, 2018

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... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
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

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 bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster
William J Webster answered on Nov 10, 2018

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/...
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1 Answer | Asked in Family Law for Indiana on
Q: So my wifes mother passed. They haven't been on speaking terms for the last 3 years. Her friend says that she has

executor of will. We want to bury her in the family plot but her friends says we have no say in the matter.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 7, 2018

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...
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1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How much rights do I have as a parent to deny a grandparent visitation?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 26, 2018

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... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

Fathers son wants sole physical custody of our son after recent break up, but he lives at home with his parents so he’s not fully taking care of his self, however I have been the primary caretaker to our son as well as my other child. Will the courts allow him sole physical custody just because... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 8, 2018

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... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: is there a law that relates to pro se litigants being rushed in the court room?

i represented myself pro se , and while i was told this would be a "day-long" hearing, the Judge rushed my questions to opposing party, stating that there were only 90 min total. i didn't ask all the questions i had for fear that i was running out of time. Now i am appealing, and wondering if there... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 8, 2018

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... Read more »

2 Answers | Asked in Child Custody and Family Law for Indiana on
Q: Do I have to hire a lawyer to modify custody arrangements?

I have joint legal custody. My twin 12 year old daughters live with their father,his mother and father. I want them to be able to have equal time with me and them.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 10, 2018

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.

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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Non-custodial parent pays child support thru garnishment. It always comes on Wed or Thurs diligently. Why not this week?

It isn't showing up on Eppicard website or through the Kid's Line # .. Last payment shown was 6/20. Today is 6/30. Is something wrong on the office end?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 3, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

If I have on the document he is no longer responsible for any past financial responsibilities and future responsibilities and that he is signing his rights away for my daughter and have it notarized with both myself and the father of my daughter present will that be enough or is there something... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 14, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: I currently live in Indiana and I’m wanting to move to Kentucky with my kids, I have full custody, can I move?
Timothy Denison
Timothy Denison answered on May 14, 2018

If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: In the state of Indiana can a mother ask the courts for the father tono longer provide child support?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 10, 2018

You could ask but you would be denied. Child support is not for the parent, it is for the child. The courts will never agree to terminate child support to a child. That is not in the best interests of the child. The only time child support will terminate is when the child is emancipated or the... Read more »

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on
Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... Read more »

Betsy Walits
Betsy Walits answered on Apr 29, 2018

You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Indiana on
Q: I'm 16 years old living in Elkhart Indiana. Can I move out of my parents house without their consent.

I make a stabile income. I am online homeschooled, and do keep descent grades. I have a stable housing offer. I am fairly responsible (I'm not perfect) But I feel I could do decently on my own. So again, my question is can I move out, with taking legal action, without consent, and without being... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Apr 23, 2018

This is not a patent question. Justia needs to revise their topics to make it Patent/inventions as Patents looks a lot like Parents. You may want to drop the patent topic from this question

Good luck.

Kevin E Flynn

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