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After death of a debtor or guarantor, the rules for filing claims in an estate are extremely strict. Claims must be filed within three months of the date of creditor receiving notice of the opening of an estate administration. Additionally, claims must be filed, if at all, within nine months of the date of death, regardless of whether notice was received.
The Revised Uniform Fiduciary Access to Digital Assets Act took effect in Indiana on July 1, 2016. See Ind. Code § 32-39 et seq. The new law addresses the rights of a fiduciary, such as a personal representative, trustee, attorney-in-fact or guardian, to access digital property, such as online financial accounts, emails, texts, social media accounts and online document and picture storage.
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
Indiana Court of Appeals
Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk
03A01-1604-PL-928
Civil plenary. Reverses Bartholomew Circuit Court’s order dismissing Charles J. Davis Sr.’s complaint for failure to make a timely payment of fees. Finds that Davis should have been given 45 days to make the payment, but was only given 30 days. Remands with instructions for Davis to re-send the filing fee of $17.18 within 45 days.
Noblesville City Court Judge Gregory L. Caldwell died Thursday night after serving as judge for 24 years. He was 74.
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
A judge’s ruling denying class-action certification for a group of people held in the Marion County Jail, sometimes for days after posting bond, has been challenged at the 7th Circuit Court of Appeals.
Calling the state's current law "illogical" and "bizarre," a federal judge late Sunday ordered the state of Florida to give thousands of voters a chance to make sure their vote-by-mail ballots are counted.
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse.
A civil trial set to begin Monday in a courtroom in Bellefonte, Pennsylvania, will determine if Penn State should pay for a claim it mistreated a former assistant coach who provided key evidence used to convict child molester Jerry Sandusky.
Former Lake Station mayor Keith Soderquist has begun serving a four-year federal prison term for public corruption.
U.S. Supreme Court Justice Ruth Bader Ginsburg apologized Friday for characterizing as "dumb and disrespectful" the national anthem protests by San Francisco 49ers quarterback Colin Kaepernick and other athletes.
A new study has found that the compensation gap between male and female partners is 44 percent, a slight decrease as compared to two years ago.
This is the first presidential election year without a key enforcement provision of the federal Voting Rights Act, and 14 states have enacted new registration or voting restrictions.
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
Indiana Court of Appeals
Kent R. Blair, Sr. v. State of Indiana
02A05-1604-CR-832
Criminal. Affirms Kent Blair’s convictions of invasion of privacy as a Level 6 felony and criminal trespass as a Class A misdemeanor, and his sentence to 1 ½ years executed in the Indiana Department of Correction. Finds the evidence is sufficient to sustain Blair’s convictions, that the Allen Superior Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate in light of the nature of the offenses and his character.
The U.S. District Court for the Southern District of Indiana, Terre Haute decision, denied a motion for summary judgment brought by four Terre Haute jail officers who have been accused of using excessive force against a former inmate.
A man accused of fatally shooting an Indianapolis police officer two years ago has been found incompetent to stand trial.