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Question:       What are the legal effects of dying without a Will?Answer:        Assets like life insurance proceeds, or non-probate assets like a Transfer-On-Death account, automatically transfer when you die regardless of whether or not you have a Will.  That said, the state of Indiana, as does every state, has a series of laws that determine every possible contingency for distributing your possessions should you call Indiana home and die without a Will. This series of laws is called “Intestate Succession”: you are “intestate” or “not testate” if you do not have a Last Will and Testament, and “succession” refers to […]

Employers rely on their employees to carry out their day-to-day tasks and to properly represent the needs of their employers.  Unfortunately, at times those acts result in legal liability to third parties.  When employees subject their employer to legal liability to third parties, courts use the doctrines of Respondeat Superior or vicarious liability to make the employer responsible for the actions of the employees. The Indiana Supreme Court and the Indiana Court of Appeals have recently issued several decisions concerning these doctrines. Based on these decisions, employers must be even more vigilant in training and preventing their employees from committing […]

I own an LLC with my brothers. What happens to our business when one of us dies?Generally, business interests are transferred to the deceased individual’s beneficiaries, along with the entirety of their estate, in accordance with a Last Will and Testament, or, if the individual dies without a will, in accordance with the state’s intestacy laws.In the case of an LLC, the company’s Operating Agreement oftentimes alters this general rule, governing what interests, if any, the deceased member may transfer.  For instance, the Operating Agreement may allow a beneficiary the right to receive profits while limiting their involvement in management.  […]

TOD Deed stands for “Transfer on Death Deed.”   A TOD Deed is to real estate what POD (“Pay on Death”) is to bank accounts.  One can set up a bank account and name “pay on death” beneficiaries.   When a person sets up a POD bank account (“account owner”), there are no restrictions as to the account owner’s use of the funds in the account.  In fact, the account owner can use all of the funds in the account and there may be no funds left at his/her death, but if any funds do remain, the remaining funds are payable to […]

Question:  Is it cheating the government to do planning for and to become eligible to receive Medicaid, and to protect your assets?Answer:  Absolutely not.  Medicaid and asset preservation planning is legitimate and very legal if done with the assistance of a professional and qualified elder law attorney. Two specific reasons for doing so are as follows:If you have ever had a job you have paid into the system, i.e. you have paid into Medicare and Medicaid. Every paycheck that you have ever earned deducts money to pay for you to eventually receive Medicare and Medicaid.Planning for and becoming eligible to […]

Sometimes it is very clear to a family when a loved one needs assisted-living or long-term nursing home care. Perhaps there has been an accident or a health emergency that signals that the loved one is going to need more assistance than what can be provided at home. But other times, a loved one’s decline is more gradual. There may be increased forgetfulness or a general growing inability to take care of one’s personal hygiene. It is a difficult decision to ask a loved one to leave their home and move to a facility, even if it is so that […]

Every employer faces challenges to meet the market demands to retain good employees and the legal obligations governing that relationship.  This year continues to be a challenging year for employers for a number of obvious reasons, primarily COVID-19.  In June, the United States Supreme Court issued a decision that clarifies a socially sensitive issue on what discrimination based on sex (or gender) means.  Title VII was enacted to prevent discrimination in employment based on race, color, religion, sex and national origin.  In recent years, there has been a debate about whether Title VII protected lesbian, gay, bisexual, and transgender. (“LBGT”) […]

As Indiana businesses continue to deal with COVID-19, it may be a good time to review your employee handbook and to update policies in an ongoing COVID-19 environment.PlansEmployers should revisit their plans for working from this past Spring.  These plans can be of great assistance in the event of a “second wave” of the COVID-19 pandemic and if new government restrictions are imposed, or if an outbreak occurs at the place of business. What is clear is that the employment environment is not the same as it was a year ago, and there is no certainty about when, or if, […]

Despite the efforts of individuals, organizations and governments, instances of COVID-19 are not going down.  Like most states, Indiana has been gradually lifting its original Hunker Down orders with the Back-On-Track plan.  Unfortunately, statistics show that instances of COVID-19 are increasing. On Friday, July 24, 2020, Governor Holcomb issued Executive Order 20-37 mandating the use of masks in public places.  Masks are required for anyone 8-years-old or older while in indoor spaces, businesses, when using public transportation or other vehicle spaces and outdoor public spaces when it’s not possible to be distanced from other people. During the announcement preceding the order, […]

BackgroundIndiana employers continue to face employment issues related to return to work, absences and benefits due to COVID-19.  Many employers have returned to work without substantial restrictions, but those who serve the public – like restaurants, beauty establishments and retail stores – continue to face restrictions on the number of customers they can serve.  Local governments are increasing their efforts to fight the spread of COVID-19 by requiring masks, and the Governor announced his intention to require all citizens of Indiana to wear masks in public settings.Indiana citizens are also getting ready for school-aged children to return to school.  School […]