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What Legal Rights Does a Non-Custodial Parent Have?

While divorce is difficult and often incredibly emotional, its effects go far beyond the separation of two adults who no longer wish to be married. When minor children are involved, decisions about custody must be made. Decisions are made based on the best interests of the child. And unless a parent has serious problems that could endanger the child, the courts typically favor the involvement of both parents in raising their children. Most often, parents share custody in Indiana. The parent with whom the child spends more time is typically considered the custodial parent. The other parent is the non-custodial parent. The term “non-custodial” can be confusing. It might lead some no ...

Can a Trustee Remove a Beneficiary from a Trust?

In most cases, a trustee cannot remove a beneficiary from a trust. The trustee’s job is to administer the trust and act in a fiduciary capacity. However, there are at least two instances in which a trustee could remove a beneficiary: 1. The trustee is the creator (grantor) of their own revokable living trust. 2. The trust document explicitly and clearly grants this power to the trustee. If the grantor of a revokable living trust wants to make changes at any time to his or her own trust, they can. This is one of the reasons this type of trust is created: it gives the grantor a lot of flexibility in changing, expanding, or contracting the terms of the trust while the grantor is stil ...

How is Pet Custody Determined in the Divorce Process?

We Know the Treatment of Pets in the Divorce Process Is Important to You. A pet custody agreement drafted by skilled divorce attorney is essential. Most people consider pets to be part of the family, not property. The law sees them differently. Thankfully, our divorce attorneys know a way you can work around that fact. There are steps you can take to create a pet custody agreement during a divorce. This agreement will help determine how pet custody will be handled in your divorce. We love our pets, and for good reason. Companion animals have been known to lower stress, teach children compassion, and help ease symptoms of depression. When it comes to divorce, deciding who gets Flu ...

What Is the Cost of Probate?

If you or a loved one dies in Indiana or Kentucky without a will, then your estate will go through probate.  You may ask yourself, “what is the cost of probate?”  The answer to that depends on the particulars of your assets and liabilities and your unique situation.  However, probate usually costs more and takes longer than the disposition of someone’s possessions when they have an estate plan. You may think that only rich people need estate plans, but that’s not true.  Creating an estate plan is an orderly, planned, proactive way of deciding how your assets will be distributed after you pass away.  Sometimes when a person fails to create a will or estate ...

What Happens After Your First DUI?

All DUIs are serious, but courts often treat your first DUI differently than they do repeat DUI offenses.  Any DUI should be a wake-up call to a driver.  It’s time to ask yourself if you have a problem with alcohol, or if you simply made a poor decision to get behind the wheel after a dinner party or professional gathering where you had one too many beers or glasses of wine. If you’re wondering what happens after your first DUI, read on to find valuable information.  Knowing your responsibilities and rights after you’ve been charged with a DUI will help you make proactive decisions that are in your own best interest. Most importantly, you should be represented by a ...

How long do you have to sue after an accident?

How long do you have to sue after an accident? The amount of time you have to sue after an accident often depends on which kind of accident it is and what jurisdiction you’re in.  For example, if a car accident happens in Indiana, then the statute of limitations for filing an accident lawsuit in civil court is two years for both personal injury and property damage.  Similarly, the car accident statute of limitations in Kentucky is two years for personal injury and property damage.  However, if the accident occurred somewhere other than in a vehicle in Kentucky (such as at home or at work), then you have only one year to file a personal injury lawsuit. This example shows ...

Is a DWI a Felony or Misdemeanor in Indiana?

COURTS COME DOWN PRETTY HARD ON DWI CASES, BUT EXACTLY HOW HARD DEPENDS ON WHETHER IT IS A MISDEMEANOR OR A FELONY. Judges and juries are less and less forgiving of drunk and impaired drivers these days, and so is the public at large.  But whether the DWI was caused by one evening of bad choices versus a long-term pattern of drunk driving can make a big difference in sentencing.  Generally, if you’ve received one DWI arrest, this will fall under the misdemeanor category unless someone was severely injured or killed or a minor child was in the vehicle.  On the other hand, if you’re someone who has been convicted of more than one DWI offense in the past five years, you wi ...

What Happens at a Misdemeanor Initial Hearing?

If you’ve been charged with trespassing, disorderly conduct, or a DUI without bodily harm, you are likely facing a type of charge called a misdemeanor. This category of crime is considered more serious than an infraction, but not as grave as a felony. Especially if this is your first run-in with the criminal legal system, you are likely scared, embarrassed, and uncertain as to what to expect — when you head to court and beyond. What happens at a misdemeanor initial hearing? What sort of punishment will I receive? How do I ensure the best possible outcome of my case? Your first priority should be to secure legal representation. The New Albany misdemeanor lawyers at Church, Langdo ...

What Should I Do If I Was Hit By an Uninsured Driver?

In both Indiana and Kentucky, driving without valid car insurance can result in hefty fines and license suspension; in the Bluegrass State, it can also lead to jail time. Yet the most recent statistics available show that in 2015, 11.5% of Kentucky drivers and 16% of Indiana drivers were getting behind the wheel with no coverage to protect themselves and their victims in the case of an accident. A car wreck and its aftermath are difficult under any circumstances. But when the other driver lacks auto insurance, you face an additional roadblock to getting the money you need for damage and injuries. That doesn’t mean you are totally out of luck, but it does mean you will have to open a cla ...

How Much Can I Get in a Car Accident Settlement?

With millions of car crashes every year in the U.S. — including tens of thousands of deaths and untold numbers of injuries — you’d think there would be an easy-to-use formula to determine how much you can get in a car accident settlement. The reality is far from simple. Liability, or who is at fault for the wreck, must be determined. The total cost of your injuries and lost wages related to the accident must be tallied. And when the insurance company does offer a settlement, negotiation is essential to ensure you receive the maximum compensation you deserve. If you’ve been hurt in a motor vehicle accident due to someone else’s careless driving, a New Albany car accident lawye ...

Pitfalls of DIY Trust And Estate Planning Documents

Featured Snippet: The drawbacks of DIY trust and estate planning documents include inconsistencies, lack of flexibility, asset omissions, vague provisions, and they may not follow the laws of your home state. In addition, they lack proper consideration for future challenges and opportunities. 

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