In this article, you can discover… How soon after a loved one’s passing you should file for probate. How to notify beneficiaries when filing probate documents. What to do if you make a mistake when filing key documents. What Probate Documents Do I Need To File In Indiana? If the party in question hires an attorney, their lawyer will enter the case as a personal representative of the executor. This means that they will file a petition to probate a will on behalf of the client, as well as petitions for insurance documents and appointment of personal representatives. After letters of administration and court orders are received, your lawyer will guide you in the next steps. What Is The Timeframe In Which I Can File For Probate? The probate process…Read More
How Does The Court Determine The Need For Guardianship In Indiana When An Adult With A Disability Is Involved? When determining the need for guardianship for an adult with a disability, the court considers two key factors: Nature And Extent Of The Disability The court evaluates how the disability affects the adult’s ability to care for themselves, particularly in maintaining their health and safety. Least Restrictive Approach If the disability significantly interferes with the adult’s ability to care for themselves, the court will likely appoint a guardian. However, the guardianship will be limited as much as possible to preserve the individual’s freedoms while ensuring their well-being. This ensures that the guardianship addresses only the necessary areas where the adult needs support. What Is The Process For Obtaining Guardianship For An…Read More
What Is An Emergency Guardianship? When Is One Necessary In Indiana? Emergency guardianship, also known as a “Temporary Guardianship” in the Indiana statutes, is used in extreme situations where the usual safeguards required for a full guardianship cannot be followed due to the urgency of the circumstances. Typically, when pursuing a guardianship, various procedures, such as notifying all relevant parties, obtaining consent, and providing medical reports, are mandatory. However, in emergency situations—where there is an imminent threat to the financial or physical health or safety of the person at risk—these requirements may be temporarily bypassed. If the situation is too critical to wait for the full guardianship process, a sworn petition can be filed with the court to request the immediate appointment of a temporary guardian. This allows for swift…Read More
How Much Time And Commitment Does Guardianship Involve? This is probably the most important question you can ask yourself before agreeing to become a guardian. The time and commitment required for guardianship vary significantly depending on the specific circumstances. For a minor, guardianship involves duties similar to those of a parent, depending on the child's age and needs.For an incapacitated adult, the level of commitment depends on whether the individual lives in an institution or with the guardian, and the severity of their condition. In any case, guardians are responsible for the physical care of the person, either directly or by hiring help, and must manage financial matters meticulously. This includes maintaining separate financial accounts, tracking expenditures, and regularly consulting with an attorney to ensure compliance with court requirements. What…Read More
Probate ensures that assets are properly transferred and any debts are settled, but the legal steps involved can be complex. This guide provides a clear, step-by-step overview of Indiana's probate process, from filing the necessary documents to understanding fees and contesting a will. With the right preparation and support, you can confidently manage your role in the estate administration. In this article, you can discover… 1. Who can initiate the probate process in Indiana and the first steps involved. 2. What key documents are required to start probate and how they are used. 3. The types of fees associated with probate and how they impact the estate. How Is Probate Defined In Indiana? Probate is the formal legal process in Indiana that ensures the legal and proper transfer of assets…Read More
What Is The Legal Definition Of A Guardian In Indiana? A guardian in Indiana is a person appointed by the court to act on behalf of someone deemed incapacitated to some extent. The guardian serves as a fiduciary, meaning they have the highest legal duty to act solely in the best interests of the protected person, rather than their own. This role involves managing the individual's affairs and ensuring their well-being. What Are The Different Types Of Guardianships In Indiana? In Indiana, guardianships can be categorized in several ways: Full Guardianship Vs. Limited Guardianship A full guardianship grants the guardian complete control over the protected person's affairs. A limited guardianship restricts the guardian’s authority to specific areas, such as personal care or financial management. Guardianship Of The Person This type…Read More
In this article, you can discover… How multi-party personal injury claims differ from other claims How to identify all parties involved in your accident Pitfalls to avoid when involved in a multi-party claim What Are Multi-Party Personal Injury Claims And How Are They Different From Other Claims? Multi-party claims may involve multiple plaintiffs or multiple defendants. These cases can be complicated as parties are likely to blame one another and disagree as to their level of personal responsibility for the resulting injuries and damages. In Indiana, there’s a statutory legal principle in place called “comparative fault.” At trial, the jury will be instructed to consider how much fault, if any, should be allocated to all the parties (including the injured plaintiff), such that they all add up to 100%. If…Read More
When Can Mental Health Records Be Disclosed In Court? In any litigation, parties are almost certain to engage in discovery. Discovery is the phase of a lawsuit that occurs after all claims have been filed and both parties have responded. During this stage, the involved parties exchange information to build their cases for trial or potential settlement before trial. There are many forms of discovery, but the most common are Interrogatories, Requests for Production, and Depositions. The topics covered by discovery must be relevant to the pending litigation. “Relevance” is defined broadly, however; the information sought does not have to be admissible in evidence. Instead, it only must be deemed “reasonably calculated to lead to the discovery of admissible evidence.” Interrogatories are written questions that must be answered fully and…Read More
How Does Negligent Infliction Of Emotional Distress Work? On November 14, 2014, the Indiana Court of Appeals released its opinion in Clifton v. McCammack, No. 49A02-1404-CT-276. In doing so, it interpreted existing Indiana precedent to allow emotional distress damages to a broader class of persons. In this case, Ray Clifton had been living with his 51-year-old son, Darryl, who had been caring for Ray following his back surgery six months prior. At 11:15 one morning, Darryl left home on his moped to head to town. Unbeknownst to Ray, he was involved in a tragic accident. Ruby McCammack negligently pulled out in front of him. As Ray watched TV at home, he saw a breaking news story of a motorbike fatality on Kentucky Avenue. Ray had a horrible feeling knowing that…Read More
American legal proceedings can generally be divided into two categories: civil and criminal. Criminal cases are deemed to be brought by the “State” against an individual for crimes against society generally, and the defendant stands to lose freedom. Civil cases arise out of common law or statutory wrongs against another. The “wronged” individual may seek judicial relief, and the court may award monetary damages – but the defendant does not face incarceration. The distinction in the two areas is long-standing and clear. However, in 1998, Indiana’s legislature enacted a statute known as the Crime Victim’s Relief Act (or ACRA). It provides additional relief for a plaintiff in a civil suit (where only monetary damages are available) who has been wronged by someone whose behavior is also considered criminal conduct. There…Read More
