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By : Shannon Frank

Extension to File 706 to Preserve Estate Tax Exemptions

Portability has become an important concept in estate planning and administration since it was first codified in 2010, and made permanent under the American Taxpayer Relief Act of 2012.  For individuals passing away after 2010, portability provides that if the spouse who passes away first does not f...

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Significant Changes to Indiana’s Home Improvement Contract Act

Indiana’s Home Improvement Contracts Act (the “Act”) is a statutory consumer protection law that sets forth terms to be included in all real property improvement contracts exceeding $150. A contractor who violates the Act commits a “deceptive act” as defined in the Indiana Deceptive Consumer Sales A...

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Court Finds General Contractor Owed Duty of Care to Sub-subcontractor Employee

General contractors need to be cautious in the language of project agreements as to not assume a duty of care to employees of subcontractors and sub-subcontractors. In April this year the Indiana Supreme Court ruled in Ryan v. TCI Architects/Engineers/Contractors Inc. that, even if a dut...

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Court Expands Municipal Power to Require Connections to Public Sewer System

To avoid penalties and unwanted litigation, individuals and businesses operating private septic systems may be required to apply for permits to connect to public sanitary sewer systems to comply with the Indiana Court of Appeals’ recent interpretation of Indiana Code § 36-9-23-30 in Town of Clea...

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Business Contracts under the New Consumer Review Fairness Act

Businesses that sell goods and services may need to revisit their contracts following the passage of the Consumer Review Fairness Act. The Act, which was signed into law on December 14, 2016, aims to protect consumers and their rights to communicate about the goods and services they receive. Begi...

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Timely Filing of Lawsuit

Hourglass clipartIn its September 8, 2016, decision, the Indiana Court of Appeals made clear that timing is everything when filing a claim. In V. Ganz Builders ...

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You Don’t Have to Be a Prince to Need a Will

[vc_row][vc_column][vc_column_text]You may not have an estate worth $300 million like Prince, but having a Last Will and Testament and plan in place makes good sense regardless of the value of your assets. As we watch things unfold for Prince Rogers Nelson, with a multitude of heirs and unknown futu...

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Change in Secretary of State Filing Requirements for Non-Profit Corporations

[vc_row][vc_column][vc_column_text]Effective July 1, 2016, the filing schedule with the Indiana Secretary of State for non-profit corporation business entity reports (“BER”) has changed from every year to every other year.  Read More

Lienholder’s Right to Attorney’s Fees

The recent Indiana Supreme Court decision in Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., et al was a matter of first impression under the Indiana mechanic’s lien statute.  In this case, several subcontractors brought an action against a property owner and its gene...

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Rights of Neighboring Homeowners Regarding Vacant and Abandoned Property

Vacant and abandoned properties have long been an issue in cities and towns across the State of Indiana, and often trigger a decline in value for neighboring properties and surrounding districts.  A little known Indiana statute provides property owners a few measures to help protect their homes and ...

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