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Indiana Questions & Answers
1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: She told her attorney that we were legallly separated at the time , ( false statement ) are there consequences

If she lied to gain the upper hand to stick me with said debt what are the penalties for doing such

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

If she made misrepresentations to the Court, she could be in contempt of court if you can prove she lied.

2 Answers | Asked in Bankruptcy for Indiana on
Q: what can i do if my ex wife filed bankruptcy without me knowing while married and didnt let me buy in to the bankruptcy

she did this with the intent to stick me with the remaining debt

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 29, 2023

There are a host of issues in what little you report as facts.

Did she file for bankruptcy herself, or did she also name you?

What chapter of bankruptcy relief did she choose?

Were you listed as a potential creditor, and did you receive notice from the court clerk of the...
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1 Answer | Asked in Probate for Indiana on
Q: My grandmother died almost 2 years ago. She left her house in the will to me. Do I need to do probate?

I have a copy of the will and all of her debts are paid. Where do I start?

Anthony M. Avery
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answered on Mar 24, 2023

Since the Will means nothing unless it is filed for Probate, you will want to hire an IN attorney to file it for Probate. If you are the sole heir, then Probate might not be necessary.

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

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Indiana on
Q: My son is being harassed by our local drug task enforcement agency, was pulled over with no probable cause and the car s

Searched without consent and they my son and his friend out of the car physically to search it. I want to know who to talk to you and what I can do to have this stopped this is a true real situation and I want it stopped, can you please direct me to who to talk to and what to do!?

James L. Arrasmith
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answered on Mar 19, 2023

If you believe that your son's rights were violated during the traffic stop and search, there are several steps you can take to address the situation.

Contact an attorney: You may want to consider contacting an attorney who specializes in civil rights or criminal defense to discuss...
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1 Answer | Asked in Insurance Bad Faith for Indiana on
Q: I canceled an insurance policy within two weeks of getting it they refuse to refund my deposit is this legal

The premiums were outrageous and they wanted me to pay almost $800 for the month so I bought a new policy I bought the original policy on 2/6 and began the cancellation process on 2/15 that is 8 days are they entitled to keep the 363 dollar deposit or am I entitled to receive it back

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It could depend on the terms of the policy. Many reputable carriers will honor pro rata adjustments for unused premiums - but again, it could depend on the policy. Good luck

2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
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1 Answer | Asked in Business Law for Indiana on
Q: How is the statute of limitations determined when two parties to a contract live in different states.

One party is in a state that has a 6 year statute of limitations for a contract and the other party resides in a state with a 10 year statute of limitations for a contract. The person in the 10 year state wishes to sue the person in the 6 year state for breach of contract. How would the courts... View More

Michael Ray Smith
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answered on Mar 5, 2023

The answer to that question is probably more complicated than you anticipated because it may depend on where the lawsuit is filed. There are also some nuances that can change the answer. I'm going to give you the short version of the answer, without addressing all the nuances. To get... View More

1 Answer | Asked in Divorce and Tax Law for Indiana on
Q: my 20 year old son lives at my house full time, can I claim him on my taxes? What if is his mother also claims him?

when my ex-wife and I got divorced many years ago, we had joint custody and alternated years claiming him on our taxes. Now that he is older, he never stays at her house. I ask her if I could claim him again this year because he always stays and she says no. What happens if I claim him and... View More

James L. Arrasmith
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answered on Mar 4, 2023

If your son lives with you full time and you provide over half of his support, you may be able to claim him as a dependent on your tax return. However, if your ex-wife also claims him, the IRS will likely flag the returns and investigate the situation.

If you and your ex-wife cannot come to...
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1 Answer | Asked in Constitutional Law for Indiana on
Q: What is one's legal rights while on house arrest VS State rights, how to know if rights are violated. Elkhart, In

Ex : been exposed to cruel and unusual punishment, unaccessible to hygiene and food/ store for 5 weeks due to laid off/ non payment. All passes taken for 5 weeks. What are personal rights while under house arrest, what are States rights while under house arrest, what is counties rights while... View More

James L. Arrasmith
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answered on Mar 2, 2023

When someone is under house arrest, their legal rights depend on the conditions and terms set forth by the court and the state. In general, a person on house arrest has the right to:

Due process: This means that any decisions related to the house arrest must be made according to legal...
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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: If a car hits someone on a scooter is the person on the scooters fault cause impd said it shouldn't be on the streets
Tim Akpinar
Tim Akpinar
answered on Feb 28, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It depends more on the manner in which the accident occurred and how the scooter was operated. If the scooter shouldn't have been on the streets, a court could look at that point. But in general, that might... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: Do I still make the mortgage payment of some who died and was the sole owner of the property or does it go to the estate

I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate... View More

Nina Whitehurst
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answered on Feb 28, 2023

Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... View More

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: I am looking to do a step parent adoption for my daughter. Her dad hasn't been around for 11 years. I need cheap service

My daughter has not spoken nor been around her birth father for 11 years now. I don't have much money to spend but want my daughter to legally be my husband's child. She has been begging to do this and we just don't have the resources or know how to do it.

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

If the birth father is in agreement with the adoption, a competent attorney with family law experience in or near the county where you live ought to be able to complete the adoption inexpensively—likely less than $5,000.

If the birth father objects, or you can’t locate him, it will...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: If i own a home in the sandestin resort and rent it out by owner, can I use the name sandestin in my groups, ads etc?

For example: A private facebook group named Sandestin Book Direct with Owner

James L. Arrasmith
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answered on Feb 25, 2023

It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed bankruptcy was hit by semi trustee settled case. All paid including lawyers how long can trustee hold remaining fu

Funds as the case is closed

Timothy Denison
Timothy Denison
answered on Feb 25, 2023

Varies but probably 60-90 days after discharge.

3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

Ms. Lipan's answer is correct, I think, as far as it goes.

Yes, for bankruptcy purposes (and some Indiana state laws), the amount you receive for your interest in property needs to be the fair/market value (and be able to prove that).

But there is another field of law to...
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1 Answer | Asked in Business Law, Civil Litigation and Collections for Indiana on
Q: What can I do if I can't find a lawyer? I need to respond to the court within 20 days but I have a few days left to do

I received a notification from the court of a lawsuit and I have 20 days to respond after the notification, but it's been approximately 11 days and I still can't find a lawyer. If I can't find one, what can I do?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2023

An Indiana attorney could advise best, but your question remains open for two weeks, and time is of the essence in your matter. As a general course of action nationwide, one could request an extension to arrange for an attorney. Most plaintiff firms would grant that courtesy. Reach out to local... View More

1 Answer | Asked in Criminal Law and Collections for Indiana on
Q: I had a package delivered to a hotel. The manager discard it and promise a refund. How to deal with this matter overseas
Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2023

Submit a claim for reimbursement to both the hotel and shipper.

This is only general legal information and is not legal advice. You may not rely on this general information for your legal situation. There is no attorney client relationship established by this answer.

2 Answers | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Indiana on
Q: Question about obtaining medical records from the Hospital when someone has passed away

My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... View More

Jonathan Armiger
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Jonathan Armiger
answered on Feb 13, 2023

Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... View More

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1 Answer | Asked in Divorce for Indiana on
Q: In our divorce filing it stated that she would put the house on the market immediately and give me 50% of the profit.

The house after 3 months is still not on the market. I can’t contact her because of an NCO. What can I do?

We filed without attorneys.

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should have your divorce attorney contact her divorce attorney to see if she intends to keep that promise

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