Indiana Recent Legal Answers from Lawyers

Yes, you may have a case. Only immediate relatives of a decedent who has been treated with disrespect during the funeral home process can have a claim. Hopefully the new funeral home took photographs that can prove the tortious interference with the decedent. This platform prohibits attorneys from soliciting cases from those posting questions, but you're welcome to research your background and reach out to one of us privately. ... Read Answer

Although I'm a Maryland child custody attorney, I can say that pursuing legal custody is a critical step to formalize your rights, especially given the lack of involvement from your son’s father. Hiring an attorney can help ensure that custody paperwork is properly drafted and reflects your child's best interests. Additionally, creating a will is an important measure to designate guardianship for your child in case of unforeseen circumstances. Working with a family lawyer will provide you with the guidance needed for both custody and estate planning matters, ensuring your son’s future is secure. Consulting an experienced attorney can simplify the process and address your unique needs.... Read Answer

The success of your case depends on the 1) negligence of the store and 2) the extent of your damages. There is no strict liability. You have the burden to prove that there was a dangerous condition at the store premises that caused your damages. Further that the store knew or should have known about the dangerous condition but did not take measures to remove the risk to its customers. ... Read Answer

The only way to find an attorney is to contact several attorneys who handle this type of case.  You will then present the basic facts to the attorney's office.  You can expect these questions from the attorney: 1. The name of the health care provider. 2.  What you believe the health care provider did wrong. 3. What harm was done and what treatment is needed do to the malpractice.   Use this website to find an experienced malpractice attorney in the state where this occurred.   ... Read Answer

Hi Thomas. We spoke a few weeks back about your fiancé adjustment of status case. I can handle the case from start to finish for $1,500 flat fee (no hidden costs) split up into two payments. ($750 down then $750 when the case is filed. Her medical exam in the Philippines will still be valid for a year from when her Doctor signed the form. Otherwise, she will need to retake. ... Read Answer

Although marriages to US citizens or permanent residents which are engaged in during the time that an individual is in removal proceedings have a presumption of fraud against them, it is generally better for the couple to marry if the marriage is bona fide. In this way, the undocumented immigrant may have another option open to him in the immigration court. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The judge likely believes that the Department is immune from liability pursuant to § 34-13-3-3.  It would be wise to retain counsel to build the argument that your particular claim is not subject to governmental immunity.  Most governmental non-proprietary decisions are immune.   It is also common for people to sue the wrong entity -- political subdivisions are not generally proper defendants, and quite a bit of research is generally required to be sure to sue the right government body.      ... Read Answer

If he's in the US and has entered lawfully, then he can adjust status. This would only be possible if he entered with the purpose to visit and then later changed his mind and decided to get married and remain permanently. If he is overseas, then you can sponsor him for a Fiance visa after both of you physically meet. This process takes up to two years. ... Read Answer

I believe you are mentioning a Provisional Order from the court hearing your case.  If you have an Order requiring your spouse to pay certain debts and s/he does not do so, your remedy is to file a Motion with the Court requesting enforcement of these Orders.  Of course I would suggest documenting your efforts to obtain compliance from your spouse via text or email, but you can apply to the Court for a hearing (15 or 30 minutes should do) in order to enforce the Orders.  You can request your spouse pay a certain amount to the vendor or perhaps even into the Clerk's Office to secure bills s/he is not paying.  Make sure to request payment of penalites/late fees also.  Good luck!... Read Answer

If you have established eligibility for a new EAD, you would normally be able to apply and receive the new EAD. I note that your fact situation is lacking in detail, and so the answer provided is one given for cases in normal situations. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Sorry to hear about this. If he is not a US Citizen then they could hold him so they can contact immigration (ICE) with the hope that they will deport him.  Usually, they can only hold them for about a week or so before they release them. But if they have a warrant or something from another county, then they could keep them longer. Your friend's situation sounds like a difficult one. Unfortunately, if your friend is not a U.S. citizen it is possible that they could hold him until they can contact Immigration and he may face deportation. Depending on the specifics of his case, there may be other repercussions as well such as having to pay fines or serving jail time in addition to being deported. The best thing you can do right now is to contact an immigration attorney who specializes in cases like this and get them involved in finding out what options are available for your friend and how best to move forward with his case. You might also want to reach out to any local legal aid services or clinics that provide pro bono representation since these services are often free of charge or have low fees depending on the specifics of your financial situation. Finally, speaking from personal experience I know that contacting local state representatives can sometimes help when facing situations like this so consider doing that if all else fails as well!... Read Answer

In Indiana, when a state files a motion to withdraw an appearance from your criminal case, it means that the prosecutor assigned to your case is getting off and will be replaced by another. This doesn't mean that you are off the hook; the new prosecutor may have different ideas about your case and can still bring charges against you. In addition, if any applicable statutes of limitation have not expired during this change in representation, then those same charges could still be brought moving forward. It's important to understand what is happening in your criminal case.   If they file a motion to dismiss your case, then that's a good thing!... Read Answer

First, your attorney should be answering quesitons for you.  Since advice can differ between attorneys, be cautious about seeking another attorney's advice instead of the one you hired.  Also, your attorney wlll be more aware of your local court's practices than some random lawyer on the internet. To answer your question, yes, your attorney may request a continuance.  The Court wants a trial where both parties are prepared and all the evidence is presented, so if a continuance is necessary the Judge will consider it.  Your attorney may also consider requesting a case management order to be issued after an attorney conference so that all dates can be set when everyone is there and calendars can be compared.... Read Answer

The short answer is "no".  The issue of any adoption is not a matter before the court enforcing the support orders.  For the Court to hear a matter the issue must have been pleaded beforehand.  Indiana is a "notice pleading" state.  Adoption would be a separate case. Also, suggesting that Dad terminate his parental rights is often viewed very negitavely by the Court.  Nonpayment of support does not impact a parent's ability to have parenting time with their children - see the Indiana Parenting Time and Child Support Gudelines. If you are interested in pursuing an adoption, you should seek a consulttion with an attorney in your county who does adoptions and properly notice Father of your Petition.  Any child support order would stop after any Decree of Adoption is issued, but Dad would still owe all child support before then.  Also, if the State is owed any funds under the support order, you may not have any say in that part of the collection process.... Read Answer

Not unless the will provides or you have some claim as an heir intestate. Your "understanding" is of no value especially if there was a will. You are legally nothing more than the guest of the decendant and now that they have passed, you residency will be subject to the decisions of the new owners. ... Read Answer