Hostetter & Ohara FindLaw IM Template 2026-05-06T10:20:11Z https://www.hostetterlegal.com/feed/atom/ WordPress On Behalf of Hostetter & Associates <![CDATA[3 mistakes people make when handling an estate in Indiana]]> https://www.hostetterlegal.com/?p=49173 2026-03-19T14:04:48Z 2026-03-19T14:04:48Z Waiting too long to start probate Probate does not start automatically in Indiana. You have to file with the court to open the estate. Under Indiana law, a will generally must be filed within three years of death. Until that happens, you cannot access accounts, transfer property or act on behalf of the estate. That means bills go unpaid, assets sit untouched and nothing moves forward until you take that first step.

Not identifying all assets early

Indiana probate requires you to identify and report estate assets as part of the process. If something is missed, the information filed with the court may be incomplete. When that happens, you may need to update filings, track down additional records or explain gaps later, which can delay the process and create confusion. Getting documents, account records and asset details organized early helps prevent that from happening.

Paying the wrong debts first

Indiana law requires debts to be paid in a specific order during probate, starting with administration costs and moving down the list. If you pay lower-priority bills first, you may not have enough left to cover required expenses. Fixing that can mean dealing with unpaid claims or trying to recover money that has already been distributed.

Handle it right before small mistakes turn into delays

Handling an estate can feel like a lot, especially when you’re already dealing with everything else that comes with it. You don’t have to figure it all out on your own. Getting guidance from an estate lawyer can help you avoid missteps and keep things moving the way they should. It doesn’t have to be as complicated as it feels at the start.]]> On Behalf of Hostetter & Associates <![CDATA[Understanding child support modifications after divorce]]> https://www.hostetterlegal.com/?p=49172 2025-12-22T09:28:40Z 2025-12-22T09:28:40Z When Indiana allows child support modifications Indiana courts look at whether circumstances differ in a meaningful and lasting way when reviewing child support modifications. A parent cannot request a review simply because the order feels unfair. Courts may review support when:
  • Either parent has a large increase or decrease in income
  • A job loss, promotion or long-term cut in work hours occurs
  • Parenting time or custody schedules change in a significant way
  • A child develops new or increased medical or educational needs
An existing order no longer aligns with current Indiana child support guidelines If a parent has already modified child support, then they typically must wait 12 months before requesting another change. However, if certain exceptions exist (like a 20% difference in support amount, major job changes or shifts in the child's needs), the court may review the order sooner. Keep in mind that not every situation qualifies. Courts usually focus on ongoing differences rather than short-term disruptions. Clear and complete records often shape how the review proceeds.

What does not justify a modification

Indiana courts apply strict standards, and many situations do not meet them. Voluntarily leaving a job or choosing lower-paying work usually does not support an update. Temporary or minor income fluctuations also tend to fall short. Remarriage alone does not change support obligations. Personal conflict between parents does not affect the outcome. Judges focus on financial facts and caregiving roles rather than disagreement or past behavior.

What parents should expect during a child support modification

Indiana courts follow a structured review when considering support updates. The process typically takes 30 to 90 days. Parents should expect to gather financial records that show income, expenses and recent shifts in their situation since the court issued the last support order. Courts rely on accurate information, and missing documents can slow the review. Existing orders remain in effect while a request is pending. The parent responsible for paying support must continue to make payments in full and on time according to the current order until the court approves an adjustment. Falling behind during this period can lead to enforcement action. Some cases move forward through written review, while others require a hearing. Parents may need to explain how their circumstances now differ and why those conditions are likely to continue. Waiting periods and close court review are common, even when paperwork is complete.

Support orders and changing circumstances

Support orders are meant to reflect current circumstances rather than past ones. When life shifts in a meaningful way, Indiana law allows courts to review whether an update makes sense. Understanding the legal standard helps parents better evaluate their situation. Careful planning and clear financial information often influence how smoothly the review moves forward. A steady approach can help protect stability while limiting unnecessary conflict.]]> On Behalf of Hostetter & Associates <![CDATA[3 factors that may influence custody rulings in Indiana]]> https://www.hostetterlegal.com/?p=49171 2025-09-29T12:43:35Z 2025-09-29T12:43:35Z best interests of the children. The three factors below are among the considerations that they must evaluate when deciding what is best for the children, if parents can’t come to mutually-agreeable parenting terms without judicial intervention.

1. Existing relationships

Judges look carefully at the role that each parent has played in the lives of the children. A primary caregiver may be in a better position to accept more parenting time than a parent who has been a primary wage earner and who has a very demanding career. However, even those with full-time professions can typically expect a reasonable allocation of parenting time. Judges usually want to foster healthy parent-child relationships. Judges may even consider secondary relationships, such as connections to siblings, neighbors and extended family members, as they make determinations about parenting time and authority.

2. Parental stability

The ability of a parent to meet the needs of the children is of the utmost importance in a contested custody case. The parents’ finances and housing are important factors for a judge to evaluate. Health concerns, including mental health challenges and substance abuse, may influence what a judge believes is best for the children. They expect parents to provide the basics for the children and to work cooperatively with one another to prioritize the children.

3. The children's preferences

As children mature, they may become more aware of family circumstances and of their dynamic with each of their parents. As such, judges do consider the wishes of children when allocating parental rights and responsibilities. A child's age and maturity, as well as the reasoning they provide for their stated preferences, can influence how much weight a judge gives their wishes during a contested custody case. Parents worried about upcoming custody hearings generally need to develop a strategy that focuses on what is best for the children. Working with a family law professional can make it easier for parents to reasonably present their case in court and convince a judge to grant them a liberal amount of parenting time and decision-making authority.]]> On Behalf of Hostetter & Associates <![CDATA[3 key parts you need to update in your estate plan after divorce]]> https://www.hostetterlegal.com/?p=49170 2025-06-23T11:37:07Z 2025-07-01T12:00:01Z If you recently finalized your divorce, you may still be adjusting to changes in your day-to-day life, including new custody schedules, financial responsibilities and household decisions. One important area that you might have overlooked is your estate plan. If it still names your former spouse in key roles, that can create confusion and unnecessary stress later. Revisiting your plan now helps protect your family and keeps important decisions in the right hands. 

Beneficiary designations

Some of your most valuable assets, such as retirement accounts, life insurance policies and bank accounts, transfer directly to the person named as beneficiary. These forms take priority over your will. If your ex-spouse is still listed, they may receive those funds, even if your divorce judgment says otherwise. To change this, you must contact each account provider and complete new beneficiary forms. Replacing your former spouse with a trusted relative or your child’s guardian can help prevent confusion and protect your savings for the people you intend to support.

Will and trusts

Your will outlines who manages your estate and who receives your property. If your ex remains listed as executor or beneficiary, that could delay the process or cause friction among family members. Parents should also review any guardianship nominations, especially if they no longer want their former spouse to serve in that role. For those with trusts, check who serves as trustee and whether the distribution terms still make sense. Updating these documents helps your children or loved ones administer your estate smoothly and follow your intentions without unnecessary conflict.

Powers of Attorney and health care directives

These documents name someone to act on your behalf if you become unable to manage your own affairs. A financial power of attorney can make banking or legal decisions. A healthcare directive allows someone to access medical records or make care-related choices. If these forms still name your ex-spouse, they may still be legally valid. You can replace them by drafting new documents and clearly naming someone else. Choosing a person you still rely on can help avoid disputes and ensure your wishes are respected.

Your future deserves a plan that reflects your present

Divorce changes who you rely on and how your future should be handled. By updating these essential parts of your estate plan, you gain peace of mind, reduce future problems and keep your affairs aligned with your life now, not the one you left behind.]]> On Behalf of Hostetter & Associates <![CDATA[What happens to pets during an Indiana divorce?]]> https://www.hostetterlegal.com/?p=49164 2025-04-10T18:19:00Z 2025-04-10T18:19:00Z Dividing property in a divorce can create significant stress, especially when pets are involved. In Indiana, the law treats pets as property, which complicates decisions about who will keep the pet. Understanding the legal framework surrounding pets in divorce can help you prepare for potential complications.

Are pets considered property in Indiana?

Indiana law classifies pets as property rather than family members. During a divorce, pets become part of the list of assets that both parties must divide. Although this may seem impersonal, courts often factor in the emotional bond between the pet and each party when determining who should retain ownership.

How does the court decide who gets the pet?

Indiana courts base decisions about pet ownership on various factors. Courts evaluate who has been the primary caregiver for the pet, including responsibilities like feeding, grooming, and medical care. If children are involved and have formed a bond with the pet, the court may consider this as well. Ultimately, the court aims to make a decision it believes is fair and equitable under the circumstances.

Can you reach an agreement outside of court?

Though you can take the matter to court to resolve pet custody, many couples find it more beneficial to reach an agreement on their own. A pet custody agreement can become part of the overall divorce settlement. If both parties agree on the pet's care and living arrangements, they can incorporate these terms into their divorce decree, including potential visitation rights for the non-custodial owner.

What if there is a dispute over the pet?

If you and your ex-spouse disagree on the future of the pet, judicial intervention may become necessary. Should the case go to court, the judge considers various factors to ensure that the pet stays in a stable, secure environment. The court’s goal is to make a decision that prioritizes the welfare of the pet. Determining who keeps the pet in a divorce can be challenging. However, understanding Indiana's approach to pets in divorce proceedings can guide your expectations and help you navigate the process. In many cases, resolving the matter without court involvement works well for everyone involved.]]> On Behalf of Hostetter & Associates <![CDATA[How do estate planning processes differ for blended families?]]> https://www.hostetterlegal.com/?p=49163 2025-01-08T17:39:49Z 2025-01-08T17:39:49Z Blended families often face unique challenges when planning their estates. With kids from earlier relationships, stepkids, and new spouses involved, making a fair plan takes extra thought to avoid disagreements.

Deciding who gets what

In blended families, figuring out who inherits can get tricky. Indiana’s laws give assets to biological and adopted children if there’s no will. Stepchildren don’t inherit unless they are in the will. Estate planning lets people clearly state who gets what, considering everyone.

Using trusts to make things easier

Trusts are useful for blended families. A revocable living trust lets someone decide how to divide their assets. For example, it can take care of a current spouse while saving money or property for children from a previous relationship. Trusts also help reduce fights by setting clear rules.

Keeping beneficiary forms up to date

Beneficiary forms for life insurance and retirement accounts are very important. These forms decide who gets the money, even if a will says something different. Blended families should check and update these forms often to ensure they match current plans. Forgetting to update them could cause problems.

Picking a guardian for kids

For blended families with young children, it’s important to choose a guardian. In Indiana, courts try to do what’s best for the child, but having a guardian chosen in legal documents makes things easier and ensures children are cared for as their parents want. Planning ahead helps blended families make sure everyone is treated fairly. Taking steps to create a clear plan can bring families together and make the future more secure for everyone.]]> On Behalf of Hostetter & Associates <![CDATA[What happens when someone contests the will during probate?]]> https://www.hostetterlegal.com/?p=49162 2024-10-02T14:43:50Z 2024-10-03T14:43:32Z The probate process begins after someone passes away and is necessary for validating the deceased person's will. Sometimes, family members or other interested parties may contest the will if they believe it is unfair or invalid.  Contesting a will can lead to a legal dispute, and this process can significantly affect the distribution of the estate.

Grounds for contesting a will

To contest a will in Indiana, a person must have valid legal grounds to do so. Common reasons include claims of undue influence, fraud, lack of mental capacity or improper execution of the will. For example, someone might argue that the deceased was not of sound mind when creating the will, or that another person pressured the deceased into signing it. The contesting party might also assert that the will lacks the requisite signatures of two witnesses, making it invalid under Indiana law.

The process of contesting a will

The process starts when the person contesting the will files a formal objection during the probate process. This must occur within three months of the will's admission into probate. The court will then review the evidence presented by both sides. This often involves witness testimonies and documents to support or refute the claims. During this time, the court may delay distributing the estate’s assets until it resolves the contest. If the court finds the will to be valid, probate continues, and the assets distribute according to the will. If the court determines that the will is invalid, it may revert to an earlier will or distribute the assets based on Indiana’s intestate laws. Contesting a will can extend the probate process and increase costs for all involved parties. It may also strain family relationships. In Indiana, some wills include a "no-contest clause," which means anyone who unsuccessfully contests the will may lose their inheritance. Parties on both sides of the contest must provide strong evidence to support their claims, as the court will carefully evaluate the validity of the will before making a final decision.]]> On Behalf of Hostetter & Associates <![CDATA[Understanding the divorce process in Indiana]]> https://www.hostetterlegal.com/?p=49161 2024-07-12T17:01:15Z 2024-07-12T17:01:15Z Navigating the divorce process can be challenging and emotionally taxing. If you're considering a divorce in Indiana, understanding the specific steps involved can help ease some of the stress.

Filing for divorce in Indiana

The first step in the divorce process involves filing a petition for dissolution of marriage with the court. Either spouse can initiate this process, provided that one or both have lived in Indiana for at least six months and in the county where they file the petition for at least three months.

Grounds for divorce

Indiana operates as a no-fault divorce state, which means that the filing spouse does not have to prove wrongdoing by the other spouse. The most common ground for divorce in Indiana involves an irretrievable breakdown of the marriage. Other grounds include incurable insanity, felony conviction, and impotence existing at the time of marriage.

Serving the divorce papers

The next step requires serving the divorce papers to the other spouse. You can accomplish this through various methods such as personal delivery by a sheriff or process server, certified mail, or publication if you cannot locate the spouse.

Temporary orders

During the divorce process, the court can issue temporary orders to address immediate concerns such as child custody, child support, spousal maintenance, and use of marital property. 

Discovery and negotiation

The discovery phase involves both parties exchanging information and documents related to marital assets, debts, income, and expenses. This phase ensures transparency and fairness. Following discovery, negotiations begin to reach a settlement on key issues such as property division, child custody, and support arrangements.

Mediation

Indiana encourages mediation as an alternative dispute resolution method. A neutral third-party mediator helps the spouses reach an agreement on contested issues. Mediation can save time, reduce legal costs, and promote amicable resolutions.

Finalizing the divorce

If the spouses reach an agreement, they present a written settlement to the court for approval. If not, the case goes to trial, where a judge makes the final decisions. After resolving all issues, the court issues a final decree of dissolution of marriage.

Post-divorce considerations

After finalizing the divorce, consider the following important steps:
  • Updating legal documents: Review and update your will, power of attorney, and beneficiary designations.
  • Name change: If you choose to revert to your maiden name, ensure it is included in the final decree and update your identification documents.
  • Compliance: Ensure that you promptly adhere to all court-ordered obligations, such as child support and property division.

Preparing for life after divorce

Understanding the divorce process in Indiana can help you navigate this difficult time with more confidence and clarity. Taking it one step at a time can lead to a more manageable experience and help you build a stable foundation for your new life.]]> On Behalf of Hostetter & Associates <![CDATA[Check for these 3 items in your estate plan before retirement]]> https://www.hostetterlegal.com/?p=49158 2024-04-05T20:48:55Z 2024-04-05T20:48:55Z 1. Beneficiary designations Before you retire, be sure to review and update the beneficiary designations on your important accounts. These include retirement accounts, life insurance policies and any other assets that allow for named beneficiaries. Over time, life changes such as marriage, divorce, births or deaths may have occurred, impacting who you want to receive these assets.

2. Will and trust provisions

Your will and any trusts you have established play a central role in ensuring the distribution of your assets according to your wishes. Review these documents carefully to ensure they accurately reflect your current intentions. Consider whether any changes are necessary, such as appointing new executors or trustees.

3. Power of attorney and healthcare directives

As you approach retirement, it becomes more important than ever to have plans in place for potential incapacity due to illness or injury. Review your power of attorney documents, which designate someone to manage your financial affairs if you become unable to do so yourself. Ensure that you trust the individuals appointed and consider whether any changes are necessary based on your current circumstances. Similarly, review your healthcare directives, which outline your preferences for medical treatment and appoint someone to make healthcare decisions on your behalf if you are unable to do so. Make any necessary updates to ensure that your wishes are clearly communicated and legally documented. Surveys suggest that only 46% of U.S. adults have a will in place. For those who have not begun the process of estate planning, particularly as retirement draws near, the future may be uncertain. Putting key affairs in order before retirement can give you and your family the peace of mind you need to enjoy your retirement without worry.]]> On Behalf of Hostetter & Associates <![CDATA[What is probate and why does it matter?]]> https://www.hostetterlegal.com/?p=49155 2024-01-29T23:24:20Z 2024-01-29T23:21:37Z critical for you to understand what probate is and is not, so you can make informed decisions about your future. Probate is the legal process that takes place after a person dies. Also:
  • It involves proving that the will of the deceased person is valid, if they have one.
  • It involves the court distributing the assets of the deceased person according to the law.
  • It involves paying debts or taxes the deceased person owes.
While probate often gets a bad rap for being expensive, time-consuming and public, probate is a necessary legal procedure. Why? Because not everyone has a will, and even if someone has a will, if they do not have a trust, there is a need for a judicial body that can find out if the will is valid and real.
  • The process of probate ensures that someone implements the contents of the will in reality.
  • By protecting property rights, probate ensures that the rightful beneficiaries receive the deceased's property.
  • If the person who passed away owed money, probate ensures that the person's assets are used to pay off those debts before distributing the remaining assets to the rightful individuals. The same is true for taxes.

How does probate work?

  1. After a person dies, someone (usually a close relative or someone named in the will) files a petition with the court for them to validate the will and start the probate process.
  2. Once the process begins, an individual notifies the heirs and creditors that probate is underway.
  3. The person in charge of distributing the assets, or an administrator appointed by the court, pays off all debts and taxes from the estate's funds.
  4. The heirs receive the distribution of whatever is left according to the will or, if there is no will, according to the law.

Why should probate matter to me?

Understanding probate matters because it informs you that you must make certain choices in life as you prepare for your future. For example, you must decide whether you want your will to go through probate and be a matter of public record or whether you prefer to establish a trust, which is an alternative that is private. Thinking about the end of life is not a pleasant thought. Instead of the court deciding for them, everyone should proactively plan for their future to ensure that they keep control of their assets.]]>