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Legislative study committee to discuss UPL

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The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.

According to the meeting agenda, commission members will discuss applying the racketeer influenced and corrupt organizations law to the unauthorized practice of law by nonattorneys. Currently, a person can be charged with a Class B misdemeanor under Indiana Code 33-43-2 for engaging in UPL. In March, the Office of the Indiana Attorney General filed criminal UPL and tax evasion charges against ‘notario publico’ M. Esther Barber of Indianapolis, alleging she offered immigration-related services without being licensed or trained to do so. The AG’s office obtained permission from the Marion County Prosecutor’s Office to file the Class B misdemeanor engaging in UPL charge. In July, Barber pleaded guilty to two counts of Class D felony income tax evasion and the misdemeanor UPL count.

The members will also consider legislative proposals from the Probate, Trust and Real Property Section of the Indiana State Bar Association, including repealing the inheritance tax law and increasing the time one can probate a foreign will. Section member Jeffrey Kolb of Emison Doolittle Kolb and Roellgen in Vincennes said the the section will also discuss asset protection trusts, giving a standby guardian the power of a guardian and the priority and payment of claims under probate code and Medicaid law.

The study commission will also discuss the sale of a decedent’s real estate to satisfy claims by the Office of Medicaid Policy and Planning and other governmental entities.

The meeting begins at 1:30 p.m. in Room 404 of the Statehouse and will be webcast.

The Indiana Criminal Law and Sentencing Policy Study Committee meets Thursday at 1 p.m. in Room 431. This meeting will also be webcast. An agenda for the meeting has not been released.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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