In Indiana, condominium associations are on the rise and have become a common structure in modern residential developments. A condominium represents a unique form of property ownership, one in which individuals own their specific units while sharing ownership of common elements such as lobbies, fitness centers, pools, and landscaped areas. The responsibility for maintaining and…
Read MoreWhen a married couple applies for Medicaid benefits for the spouse who resides in a nursing home or hospital (referred to as the “Institutionalized Spouse”), the other spouse who resides at home (referred to as the “Community Spouse”) may be able to protect assets (referred to as “resources” by Medicaid) from Medicaid’s regular resource rules.…
Read MoreOn February 2, 2026, the Seventh Circuit Court of Appeals, which covers Indiana, ruled that sending a fax to request removal of a beneficiary when the plan documents require contacting the benefits center or updating the intended beneficiary online do not constitute substantial compliance, even when the fax clearly evidences intent to make the change.…
Read MoreThe Employee Retirement Income Security Act of 1974 (ERISA) is a federal statutory scheme that governs many employer-sponsored benefit plans. What Types of Benefit Plans Does ERISA Cover? ERISA generally applies to “employee benefit plans,” a term that includes employee welfare benefit plans (for example, health and certain disability-type benefits) and employee pension benefit plans…
Read MoreSOUTH BEND / MISHAWAKA, IN – May Oberfell Lorber, LLP is happy to announce that Laura D. Faulstich has been promoted to partner and Marissa S. Claxton has been promoted to Senior Associate, effective January 2026. Laura Faulstich earned her J.D. from The John Marshall Law School in 2015, and received her undergraduate degree in…
Read MoreWhen an Indiana business receives an EEOC Charge of Discrimination, the goal is to respond promptly, carefully, and strategically. How the company handles the early stages often determines whether the matter is dismissed, settled, or escalates into litigation. Here is a practical approach to responding to a Charge. Take the Charge Seriously and Act QuicklyEEOC…
Read MoreWhen most people hear estate administration, they think of probate as a single court filing that simply needs to be checked off a list. In reality, estate administration is a process. One that often requires careful legal guidance, strategic decision-making, and a steady hand during an emotionally difficult time. Attorneys practicing in trusts and estates…
Read MoreIn Michigan commercial transactions, legal opinion letters play a critical role in managing risk, facilitating deal execution, and providing assurance to lenders, investors, and other transaction parties. An opinion letter—sometimes called a legal opinion—is a formal written statement by a party’s legal counsel addressing state specific legal matters relevant to a transaction. While often viewed…
Read MoreChanges in modern technology impacting law is not a new concept. Throughout history, technological innovations have disrupted societal norms, necessitating adaptations in legal frameworks. From the industrial revolution to the digital age, courts and legislatures have been forced to grapple with novel questions of ethical and social repercussions of innovative technology integration. Yet, generative artificial…
Read MoreWhen dealing with property rights, it is essential to understand the legal tools available to address access, use, and boundary issues. Two common mechanisms are easements and encroachment agreements. Easements and encroachment agreements are two distinct legal tools that property owners in Indiana often encounter when addressing issues related to land use and boundaries. While…
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