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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Indiana on
Q: My mom was a grantor of a life estate 3 grantees one grantee had my mom sign over part of the property to him after .

The life estate was wrote in 1988 and 1997 he had my mom sign over one of two lots to him he put a house on it now she's deceased and I just found this out I'm a grantee

Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Not sure of your question because you do not state what is in the Deeds, nor their order of recordation. But assuming Mother kept a life estate and deeded one third remainders, then all three grantees are tenants in common of one-third undivided interests each of all the properties. But you... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for Indiana on
Q: Can I do anything about my outside cat I’ve been taking care of when the neighbor stole it

Had it for months no paperwork or anything my kids fed it and it stayed here. We even provided food and shelter. Looked at the neighbors house and seen it in the window she stole it

Andrew L. Bennett
Andrew L. Bennett answered on Aug 10, 2020

Have you talked to the neighbor about having adopted it yourself? If she knew it was staying at your house she may give it back.

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mother passed away 3 years ago and I have been in the house since then. My sister didn't want anything to do with it.

I have been rehabbing for a year and have put $10,000.00 or better in it. What do I do to get my name on the deed?

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You probably need a competent lawyer to draft an Affidavit of Heirship that provides a source of title for you and your Sister. Then get the Sister to execute a Quit Claim Deed for it over to you.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Environmental and Land Use & Zoning for Indiana on
Q: I'm a homeowner in Indiana. I have a fence on my property located about 6 inches back from my property line.

I never had my property surveyed, but there is a survey marker across the alley and all the lots on this part of town are all the same size, so that should be enough to clearly define my property line.

My neighbor has built two parallel fences that connect up to my fence crossing my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

You can sue for Trespass Damages. But you have a Boundary Line Dispute. You will probably need to get a Survey done, where the Surveyor knows he will be testifying in Court. If you do nothing, then you will acquiesce to the new Boundary. Both property owners now have clouds on their Titles.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I am in the middle of a purchase of a home. I have buyers remorse. No other offers were available. Can I back out?

No other offers on the table, no money spent to prepare house, we have signed all documents leading up to purchase but signed 2 weeks prior but have 2.5 weeks until closing. My wife lost bonuses from her job due to Covid-19. Can I back out if I pay for all closing expenses occurred to this point... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 7, 2020

You’re right and your obligations should be defined in the contract that you signed. If, however, you strike a deal with your seller which is amenable to both sides, anything is negotiable.

1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Do i have to have poa recorded on selling a house to have my wife as poa, or is notarized ok?
Vincent Gallo
Vincent Gallo answered on Apr 25, 2020

Responding from the New York perspective, the power of attorney needs to be recorded simultaneously with the document which it pertains to.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Securities Law for Indiana on
Q: can my landloard record audio out side my front door with out my consent im in bluffton IN
Paul Stanko
Paul Stanko answered on Apr 19, 2020

Basically, a person can record anything that he or she was privileged to hear in the first place. If the landlord was in a place he was entitled to be, he can record whatever he was entitled to hear.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... Read more »

Troy Tyson
Troy Tyson answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: can i sue if i was sold an apartment with bedbugs

i have reasons to believe that i was sold an apartment with bedbugs. i was told by pest control (witch i payed for) that when you see black spots in the corner of the ceiling you might have bed bugs. go back a year when i got the apartment ive taken and sent pictures of black spots before i moved... Read more »

Troy Tyson
Troy Tyson answered on Apr 3, 2020

A landlord has an obligation to provide you, as the tenant, with a safe, clean, habitable home. If they fail to do that, you can bring an action against them to terminate the lease and seek damages. Whether or not you can build a case from the facts you've given is a separate issue, and it is... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: we were about to close on a house. Then a week before closing this coronavirus broke out. My husband is afraid to buy

the house because it would wipe out our savings. If he wasn't able to work. We signed a contract. Can they force us to go ahead with the deal.

Vincent Gallo
Vincent Gallo answered on Mar 20, 2020

If you have a contract with any such contingencies, you’re probably bound to the real.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I inherited my house from my grandfather 2 years ago. The house next to it belonged to my aunt and uncle.

Well over 30 years ago they gave some of their property to my grandfather who built a basketball court and volleyball court on. They have passed and the new owner says that the basketball court and volleyball court is on his property. Can I do anything about it? Located in Michigan City Indiana... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

If your aunt and uncle subdivided their property and gave that part of their property to your grandfather, for that to be legally binding it would have had to have been recorded with the La Porte County Recorder. If you have any record of this transfer being recorded you could reveal this to the... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: House is under my name and my boyfriend.The kids dad. We separated and he threatens me with taking my name of the house

I recently filed for child support. What hat are my rights for the home

Vincent Gallo
Vincent Gallo answered on Mar 1, 2020

If your name is on the deed, only you can convey your interest in the real estate, unless he were able to get a court order to do so, and only if the order is pursuant to a lawsuit wherein he shows some form of entitlement to do so.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is a home that is being sold from a trust, sold "as-is" or is the trust responsible for repairs?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

A home being sold from a trust is no different from any other home that is being sold. The burden of who is paying for repairs is between the buyer and the seller and whatever they contract. If the seller agrees to take on the burden of repairs then the seller is obligated to fix the house before... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can we recupe money from a lay-a-way on a log home if the company has changed hands 3 times?

My husband and I have been paying on a log home lay-a-way for 15 years with the intention of retiring. Now due to health & monetary issues we cannot build the home. The representative has told us that we can only get a small portion of our money back. Is there anything we can do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

Without a review of the agreement you have in writing with the company and a general lack of specific information on this problem, there's not much information that can be provided here. You should consult with a real estate attorney or an attorney familiar with land contracts to review your... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: A buyer made an offer for my house, then after I complained to my realtor that I thought something was fishy.

Then two weeks later, the buyer and her realtor made acknowledgement that they were related. What should I do?

Vincent Gallo
Vincent Gallo answered on Nov 9, 2019

Sell to someone else.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on
Q: Do you need a lawyer for transfer on death?

My wife and I simply want to add a transfer on death to our house in case something happens to both of us?

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

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