Indiana Law Blog

Annual Reporting 101: How to Stay in Compliance as a Guardian

Published on: September 15, 2025 | by Aaron Harshman

Introduction

When a court appoints you as a guardian, the responsibility doesn’t end with the initial appointment.

In Indiana — and in most states — guardians must file annual or biennial reports that update the court on the ward’s well-being and finances. These reports are essential: they ensure transparency, protect the ward, and demonstrate to the court (and other interested people) that you are fulfilling your duties. Missing deadlines or filing incomplete reports can lead to penalties, potential liability, or even removal as guardian. Here’s what you need to know to stay on top of your annual reporting obligations.

Top 5 Mistakes New Guardians Make — and How to Avoid Them

Published on: September 12, 2025 | by Aaron Harshman

Introduction

Being appointed as a guardian is both an honor and a serious responsibility with real-world consequences. Whether you’re caring for an elderly parent, a child, or an adult with disabilities, the court expects you to act in the best interests of your ward. For many new guardians, the learning curve can feel overwhelming.

Here are the five most common mistakes guardians make — and how you can avoid them.

Guardianship vs. Power of Attorney: What’s the Difference?

Published on: September 10, 2025 | by Aaron Harshman

Introduction

What tools do we have to provide care for those we love?

When someone you love one can no longer make decisions on their own, families often wonder: What’s the right legal tool — guardianship or power of attorney? These terms are often used incorrectly or interchangeably, but they are very different legal tools. Knowing the difference can help you choose the option that best protects your loved one while respecting their independence.

Common Mistakes to Avoid When Dividing Assets in Divorce

Published on: July 21, 2025 | by Aaron Harshman

Dividing assets is one of the most complex and contentious aspects of a divorce. Missteps during this process can have lasting financial consequences. We are hired on many cases every year to try and fix issues in finalized divorces which can cost thousands and thousands of dollars to correctHere are some of the most common mistakes to avoid when dividing assets in an Indiana divorce.

Mistake 1: Overlooking Hidden or Less Obvious Assets

Many people focus on major assets like the home or retirement accounts but forget about:

Divorce and the Family Home: Buyouts, Sales, and Other Options

Published on: July 18, 2025 | by Aaron Harshman

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 Out the Other

A common solution is for one spouse to keep the home by “buying out” the other spouse’s equity. This requires:

When is a Prenup Enforceable in Indiana?

Published on: July 16, 2025 | by Aaron Harshman

A prenuptial agreement (commonly known as a “prenup”) can be a powerful tool for protecting assets and setting clear financial expectations before marriage. However, not every prenup will hold up in court. In Indiana, specific rules determine when a prenup is enforceable.

Is there a large financial disparity between you and your future spouse? Do you have a specific house, account, or asset that you want to protect from divorce? This is the contract that can safeguard your future.

Basic Requirements for Enforceability

Protecting Your Retirement in a Divorce Settlement

Published on: July 14, 2025 | by Aaron Harshman

For many people, retirement accounts are among the most valuable assets they own. During a divorce in Indiana, protecting these savings is a crucial part of reaching a fair and secure settlement.

Are Retirement Accounts Marital Property?

In Indiana, retirement accounts — including 401(k)s, pensions, IRAs, and similar plans — are generally considered part of the marital estate if they were acquired or contributed to during the marriage. Even accounts that started before marriage but grew during it may have a portion included in the marital pot.

Valuing Your Business in an Indiana Divorce

Published on: July 12, 2025 | by Aaron Harshman

If you own a business and are facing a divorce in Indiana, one of the most complex and critical aspects will be determining the value of that business. In Indiana, your business is generally considered part of the marital estate, meaning it is subject to division during divorce proceedings.

Why Your Business is Part of the Marital Estate

Indiana follows the “one-pot” theory, which includes all property owned by either spouse at the time of filing for divorce, regardless of when or how it was acquired. This means even a business you started before marriage can be considered marital property.

Fair vs. Equal: Understanding Equitable Distribution in Indiana

Published on: July 10, 2025 | by Aaron Harshman

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 law starts with a presumption that dividing marital property equally (50/50) is just and reasonable. This is a baseline, not a rigid rule. A presumption just means that is what the court will assume until the court is provided evidence that there is more-fair split.

How Does Indiana Define the Marital Estate in Divorce?

Published on: July 8, 2025 | by Aaron Harshman

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 simply.

What is the Marital Estate?

In Indiana, the marital estate includes all property owned by either spouse at the time a divorce is filed. This is known as the “one-pot” theory, meaning (almost) everything goes into a single pool regardless of when or how it was acquired.