Makris: Review of notable Indiana property division cases in 2020

In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.

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Supreme Court amends trial procedure rules 

Amendments have been made to Indiana Rules of Trial Procedure regarding child paternity cases, as well as e-filing processes and procedures for filing probate and guardianship cases, according to an order from the Indiana Supreme Court.

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Guardians seek changes to assist in final arrangements

A guardianship task force has recommended that the Indiana Legislature amend state statute to give guardians authority over dispositions if necessary. While the concept received general support in a recent meeting of the Probate Code Study Commission, the question remained: how do you balance the authority of a guardian with that of another party, such as a POA?

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