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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: My husband built our house himself on land we own. How do we go about obtaining a deed to the house?

We eventually want to deed it over to our son, but first need to get a deed. Thank you..

Anthony M. Avery
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answered on Jul 30, 2024

Unless he is an heir of the deceased deeded owner, he does not own the property. Hire an IN attorney to search the title, and probably determine heirship. An Affidavit of Heirship would then be appropriate to notice the world of who the heirs are. He then might get a deed of the other... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If a property is bought through a sheriff's tax sale and title work wasn't done to put the property is the purchasers

Name. Can the property be resold or what is the process to get a regular title/deed?

Anthony M. Avery
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answered on Jul 22, 2024

You will need an IN attorney to find out if the Sale is confirmed. Bill of Sale is not a Deed, which you need drafted with the correct derivation of title clause, and executed by the proper government official.

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: In 6-1.1-12-13, I am confused about the verbiage. If I get a 500k home, does that mean I'm taxed as if its a 475k home?

Or is it, if I owe a grand total of 30k in property taxes each year, I would only have to pay roughly 5k? This is Indiana Code law

James L. Arrasmith
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answered on Jul 21, 2024

In Indiana, under the statute 6-1.1-12-13, a property tax deduction is provided for certain individuals. If you purchase a $500,000 home, this deduction would reduce the assessed value of your property by $25,000. This means your home would be taxed as if it were valued at $475,000 instead of... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Indiana on
Q: Indiana subdivision mandatory HOA. Can a properly designed and submitted privacy fence be denied for dislike appearance

The head of ACC archectual control commission of HOA dislikes the overall appearance of all privacy fences and even with material and design meeting building codes and material convinces, denys.

James L. Arrasmith
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answered on Jun 3, 2024

In Indiana, homeowners associations (HOAs) often have significant control over property modifications, including privacy fences. Even if your fence meets all building codes and material standards, the HOA's architectural control commission (ACC) can still deny it based on aesthetic preferences... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Constitutional Law for Indiana on
Q: does a quiet title complaint stop ejection?

was threatened by 4 cops after filing

James L. Arrasmith
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answered on Jun 2, 2024

Filing a quiet title complaint can potentially delay or stop an ejection if it raises valid legal questions about property ownership. The purpose of a quiet title action is to resolve disputes over property ownership, and it often involves the court determining who has rightful ownership of the... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: What's the best thing to do to avoid big tax liability on land inherited 50 years ago?

My mother-in-law owns a large tract of land in Iowa with her sister. Her sister recently died, so her portion will be inherited by her 3 children. My mother-in-law wants to know the best thing she can do with her portion. She's worried if she decides to sell her property, she will be paying... View More

James L. Arrasmith
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answered on May 7, 2024

There are a few strategies your mother-in-law could consider to minimize tax liability on the inherited land:

1. Step-up in basis: If she holds onto the property until her death, her children will receive a "step-up" in cost basis to the fair market value at the time of her death....
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Would I be able to get a quick deed for property owned by a deceased sibling without the title? I am the only living kin
Anthony M. Avery
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answered on Apr 30, 2024

No deed is available from the Deceased. Hire an IN attorney to search the title, determine heirship and draft an Affidavit of Heirship to record. Taxes have to be paid. Hopefully no Note needs to be serviced.

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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answered on Apr 18, 2024

The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.

For example:

1. In...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Real Estate Law and Contracts for Indiana on
Q: Signed expired purchase agreement on home. Contract states if not signed by seller and accepted by buyer before expirati

on then it's null and void and no liability on either party. Is the seller still somehow liable?

Debra Kradjian Stephans
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answered on Mar 7, 2024

This is basic contract law. There are 3 essential elements to a contract. Offer, Acceptance and Consideration. An offer typically has a time limit and if it does not it will be based on a reasonable time. Since there is a time limit on the purchase agreement in question, the offer expires when... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff out can I sell the trees

Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff to be out can I sell the trees the current buyer cut down and left in the yard

Debra Kradjian Stephans
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answered on Mar 7, 2024

If you sell your house "as is" you are leaving the property to the new owner the way it is with all of its flaws and conditions in conjunction with the terms of your contract of sale. Typically, if you are moving out of house, you take your personal belongings and anything else that was... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
T. Augustus Claus
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Indiana on
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?

Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it... View More

James L. Arrasmith
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answered on Dec 25, 2023

In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property.

As for whose taxes it should...
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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?
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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 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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