What does it mean to be a Trustee of a Trust in Indiana

By Nathan Barnes | August 22, 2023

A trustee is a fiduciary which means “A person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor. One who must exercise a high standard of care in managing another’s…

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Lawyers helping lawyers: Donate to the JLAP Treatment Fund

By R. William Jonas Jr. | August 21, 2023

The path to recovery from substance addiction and other mental health conditions requires overcoming many obstacles. One challenge is paying for assessments, diagnosis, testing, and recovery. But JLAP may be able to help through its Treatment Fund. The fund has been around for several years, but recently, the Indiana Supreme Court has clarified that certain…

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Provisional Spousal Maintenance

By May Oberfell Lorber | August 21, 2023

After filing for divorce, people often experience financial trouble. It can be brought on by many things that come with the divorce process: having to find a new home, paying for the legal fees that go with the divorce, losing the other spouse’s income, or simply the emotional trauma the divorce brings. Courts recognize that…

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1031 Real Estate Exchanges in Indiana and Michigan

By Sean Towner | August 21, 2023

Many amateur real estate investors are unaware that they must pay capital gains taxes when they sell an investment property. However, in certain circumstances, Section 1031 of the Internal Revenue Code allows the investor to “swap” one investment property for another without having to pay capital gains taxes. This rule allows the investor’s sale proceeds…

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BUSINESS FORMATION ESSENTIALS IN INDIANA OR MICHIGAN

By Sean Towner | August 21, 2023

Starting a business is an exciting adventure. It can also be a costly experience. Unless the new business owner has plenty of cash on hand, they likely must obtain financing. These days, interest rates on such loans are through the roof. To save a small amount of money, many newly minted entrepreneurs will attempt to…

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Legally Removing False Google Reviews

By Sean Towner | August 21, 2023

Most consumers utilize Google to search for service providers. Be it a plumber, doctor, attorney, accountant, home improvement/repair company, etc., we all turn to Google from time to time. Once an individual finds a prospective service provider, they will often review the company’s “Google Reviews” to learn about other consumers’ experiences with the company. Seeing…

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HOW BUSINESSES SHOULD RESPOND TO EEOC CHARGES OF DISCRIMINATION

By Sean Towner | August 21, 2023

While all businesses aim to have a cohesive, smoothly operating workforce devoid of conflict, inevitably, employees do not get along with one another or become disenfranchised with management. Sometimes, an employee will believe they have been wronged in some capacity because of a co-worker’s behavior or management’s response to an issue. An employee who feels…

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Division of Property in Divorce – Equitable Does Not Always Mean Equal

By Marissa Claxton | July 26, 2023

Divorce, alone, can be mentally and emotionally draining. Add in navigating the complexities of dividing property between spouses and the process can become overwhelming. In Indiana, in the absence of a prenuptial or postnuptial agreement, property of either spouse, whether owned prior to marriage or acquired after marriage, is included in the marital pot. Courts…

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Physician Non-Compete Agreements

By Georgianne Walker | July 10, 2023

Any physician non-compete entered into before July 1, 2020 is governed by Indiana common law. Since July 1, 2020, in order for a physician non-compete to be enforceable in Indiana, such non-compete agreement must include the following: 1. A provision requiring the employer to provide a departing physician with a copy of any notice concerning…

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Pro Se Litigants: A Word of Caution

By Janelle Cooper | June 5, 2023

An individual who chooses to represent themselves in a criminal and civil litigation matter is referred to as a pro se litigant. An individual initiating the case is a pro se plaintiff. Indiana Courts have long held pro se litigants to the same standards as trained attorneys and require them to follow procedural rules just…

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