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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

1 Answer | Asked in Tax Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me and wat should I do

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

2 Answers | Asked in Tax Law and Real Estate Law for Indiana on
Q: If I paying taxes for 20 yrs plus remodeling the home can the others on the deed take it

If I paying taxes for 20 yrs plus remodeling the home can the others on the deed take it

Anthony M. Avery
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answered on Oct 22, 2024

A sale for partition action could occur at any time.

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1 Answer | Asked in Real Estate Law, Domestic Violence, Education Law and Federal Crimes for Indiana on
Q: Ley en donde se tipifique el delito de Homicido en Indiana
James L. Arrasmith
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answered on Oct 20, 2024

In Indiana, homicide is addressed under the Indiana Code Title 35, Article 42. Homicide involves the unlawful killing of another person and is categorized based on the intent and circumstances surrounding the act. Understanding these distinctions is crucial for grasping how the law is applied in... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Indiana on
Q: Boundary line dispute. We have tried different ways to resolve but nothing works. So I guess a civil suit ?

We would like to put it on the original line.

James L. Arrasmith
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answered on Oct 15, 2024

I'm sorry to hear you're facing a boundary dispute. Taking legal action can be a significant step, so it's important to gather all relevant documents, such as property deeds and previous agreements, to support your claim to the original boundary line.

Consider consulting with...
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1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Husband owns house & dies, his wife whose name was not on the Deed passes 3 months later before the Deed was transferred

Into her name. They were married 33 years. No minor children. Are her adult children entitled to the house?

Anthony M. Avery
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answered on Sep 29, 2024

The heirs of the wife AND the husband's children are all heirs at law. Hire an IN attorney to search the title and determine heirship.

1 Answer | Asked in Real Estate Law for Indiana on
Q: In indiana can a resort/campground sell deeded lots without a broker??
T. Augustus Claus
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answered on Feb 1, 2024

In Indiana, selling deeded lots typically requires involvement from a licensed real estate broker, as per state regulations. However, there may be exceptions for certain types of properties, such as resorts or campgrounds, depending on specific circumstances and local ordinances.

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can we break a 9 year "Lease With Option to Buy" contract to relocate for a current employer?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney to review your lease with you in detail, you could repost and add Landlord-Tenant as a category. More attorneys with insight into such matters could see your... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Options if home purchase and less than six mths later find there is mold, water damage, etc?

My daughter purchased home in June 2023. Within a couple months, found there was mold and water damage, little to no insulation and issues w the siding. The inspector did not note any of this. Insurance is only paying a portion, and she and her husband will be out of thousands. What are her... View More

Michael Ray Smith
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answered on Jan 4, 2024

I'm sure you were looking for something more helpful than this, but to get an answer to your question, your daughter needs to call an attorney, preferably one who handles a lot of residential real estate matters.

1 Answer | Asked in Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Real Estate Law for Indiana on
Q: can a buyer demand a sale disclosure statement on property that is owned by a trust when one of the trustees dies cont.

and a surviving trustee sales a property of the estate?

T. Augustus Claus
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answered on Aug 8, 2023

In Indiana, when a property is owned by a trust and one of the trustees dies, the specific provisions of the trust document and state law will dictate how the property is managed and whether a sale disclosure statement is required.

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: I inherited property from a will. Can I have my granddaughters name put on the deed?
Anthony M. Avery
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answered on Aug 2, 2023

If there is a Probated Will with a specific devise to you as owner, then after the Estate is closed, you can deed your interest to anyone. Your source of title is the Will Book, Page Number usually, and should also include the Probate Case name and Docket Number.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I told my mother I was moving to Indiana. She said she came into some money and would purchase me a home if I picked one

Out online. On the drive from California I selected one and she put in an offer. I met her 2 hours after closing at which time she delivered me the keys and told me she was going to go home right then and do a quick claim deed. Shortly after we got into a disagreement. I have been here for almost... View More

Anthony M. Avery
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answered on Aug 2, 2023

In TN, and most all States, any promises to convey land must be in writing. Otherwise it violates the Statute of Frauds.

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: If HOA Board resigns en masse, effective immediately, can they rescind resignations without homeowners approving?
Matthew Morris
Matthew Morris
answered on Jul 24, 2023

You probably need to look at a couple documents and a couple provisions of the law to know what legal effect the mass resignation caused.

First, find copies of your governing documents. If your HOA is a corporation (most are), you are looking for your Articles of Incorporation and your...
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1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana on
Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: If siblings can't buy each other out, can a lien be put on the property by a sibling wanting to get off the TOD title?

Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property... View More

Anthony M. Avery
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answered on May 11, 2023

Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Real Estate Law for Indiana on
Q: We are selling our condominium. We believed that we could only sell it to people 55 and older. Is that true?

Our realtor told us that is discriminatory. Is that correct?

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

There is a federal law that makes it illegal to discriminate against families in housing. But there are exceptions. One such exception is the "55 or older" exemption. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: I have JTWROS with my ex on our house. She left and got her own place. How do I sever the JTWROS?

She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.

Vincent Gallo
Vincent Gallo
answered on Apr 24, 2023

Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

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