It is not uncommon for the attorneys at GRIFFITH XIDIAS LAW GROUP LLC to review an estate plan built by the client or an uninformed attorney using the wrong tools for that particular client. People are increasingly turning to pre-printed wills and trusts, or using self-service legal document websites to create estate plans. Unfortunately, those […]
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ASSET PROTECTION TRUSTS -vs- INDIANA’S LEGACY TRUST
Indiana adopted a special trust form in 2019- the Legacy Trust. While this new trust form provides important asset protection benefits that did not previously exist under Indiana law, it has also caused some confusion. Many people mistakenly believe that Indiana’s Legacy Trust provides absolute and guaranteed protection of assets placed in the trust, while […]
The Basics of Trusts- VIDEO TRANSCRIPT
When it comes to estate planning trusts can be very useful tools. Many of us have heard of a trust and have a general idea of how they work. To understand them better we need to look at who the parties of a trust are. Who are the Parties to a trust? There are three […]
Can a Same-Sex couple own a home as an Estate by the Entireties?
This is an article that our law firm authored for the Indiana State Bar Association. The article was published in the March 2021 issue of Res Gestae magazine. Forms of Co-Ownership of Real Property Many married couples elect to hold title to real estate as an “Estate by the Entireties,” which is a form of […]
The Truth About Land Trusts- Part Two
This is Part Two of a Two-Part Article on Land Trusts Just Use What the Law Already Provides There is really no substitute to a properly formed and maintained limited liability entity. Whether you choose to form a limited liability company, a corporation, a limited partnership, or a limited liability partnership as part of your […]
The Truth About Land Trusts- Part One
This is the first part of a two-part article on Land Trusts. Question: What Do the Polio Virus & Land Trusts Have in Common? Answer: Neither can be eradicated! Let me preface this article by explaining that I have a legal degree, a law license and 30 years of experience practicing as a licensed lawyer. […]
WEIRD THINGS HAPPEN
Get a Will! Life has a way of throwing us unexpected curve balls. Weird things happen all the time. When things do not go as planned, we hopefully have a “Plan B” and maybe even a “Plan C” to help us readjust and continue toward our ultimate goals. What happens when the unexpected happens after […]
INDIANA LAW UPDATE – Can I Sue That Guy in Indiana?
When you sign a contract, do you read it to determine where a dispute under the contract must or may be litigated? Or mediated, if mediation is required? Or arbitrated, if arbitration is required? Many contracts contain two clauses about the locality of disputes- What law governs, and Where are disputes resolved (a “Forum Selection […]
Are Covenants Not to Compete Enforceable in Indiana?
On a regular basis, certainly several times yearly, the lawyers at GRIFFITH XIDIAS LAW GROUP are asked by a client something like this- “I signed this employment agreement but want to join a competitor (or start my own company). Can my employer enforce this covenant not to compete against me?” And the answer is usually, […]
Can a Commercial Landlord Force a Tenant to Stay Open? A Primer on Mandatory Injunctions
Can a Commercial Landlord Force a Tenant to Stay Open? In a word, yes. In a recent case (issued November 25, 2020), the Indiana Court of Appeals case had to determine whether it was appropriate for a trial court to issue an order compelling Abercrombie & Fitch Stores, Inc. (Abercrombie) to keep its store open, […]