The family home is often one of the most significant and emotionally charged assets to divide in a divorce. Deciding what to do with it involves both practical and financial considerations. In Indiana, there are several options for handling the family home during a divorce. Option 1: One Spouse Buys…
Articles Posted in Estate Planning
Fair vs. Equal: Understanding Equitable Distribution in Indiana
When going through a divorce, one of the most common misconceptions is that marital property will always be divided equally. In Indiana, however, the law focuses on what is fair, not necessarily what is equal. This distinction is crucial for anyone considering divorce in the state. Equal Division Presumption Indiana…
How Does Indiana Define the Marital Estate in Divorce?
When a couple decides to end their marriage, dividing property can be one of the most challenging and emotionally charged parts of the process. In Indiana, understanding how the state defines the marital estate is essential for anyone considering or going through a divorce. Let’s break it down clearly and…
Navigating Divorce and Unexpected Loss: A Guide to Addressing Legal Matters
Divorce is a complex and emotionally charged process, often involving the division of assets, debts, and decisions regarding children. However, life’s uncertainties can sometimes take a tragic turn, and what happens when one of the parties during a divorce passes away? This article aims to shed light on the legal…
#1 Best Plan to Take Care of Children if Parents Die Simultaneously
Picture this: It’s your 10th wedding anniversary and your husband surprised you with the amazing Hawaii trip you couldn’t afford to take for your honeymoon at the time. Even better, he’s booked your parents to watch your pride and joy while you are in paradise. All you have to do…
LLCs for Estate Planning and Keeping the Family Cabin in the Family
It might come as a surprise to non-Hoosiers that several parts of Indiana are popular locations for vacation cabins. The best known are probably Brown County and the area around the Indiana Dunes. Other locales include Lake Maxinkuckee, Lake Monroe, and Lake Patoka; the Amish country and the smaller lakes…
Family Businesses: Succession Planning for LLCs
Owners of Indiana LLCs (and their lawyers) can learn some lessons from a recent case involving an Alabama LLC. The case is L.B. Whitfield, III Family LLC v. Virginia Ann Whitfield, et al. The Whitfield Case L.B. Whitfield, III owned half of the voting stock in a business that had…
Positive Changes to Indiana LLC Laws – Estate Planning
Earlier this year the Indiana General Assembly passed House Enrolled Act 1394, which takes effect today, July 1, and makes several amendments to the Indiana LLC statute, officially known as the Indiana Business Flexibility Act. This is the first of two articles discussing those changes. This first article addresses some…