Horvath & Pelkey, LLP 2026-09-29T10:13:14Zhttps://www.horvathpelkey.com/feed/atom/WordPress/wp-content/uploads/sites/1504814/2025/12/cropped-HP_FAV-32x32.pngOn Behalf of Horvath & Pelkey, LLP<![CDATA[Will a misdemeanor show up on a background check in Indiana?]]>https://www.horvathpelkey.com/?p=475472026-09-29T10:13:14Z2026-09-29T10:13:14ZWhat appears on background checks
A misdemeanor conviction may appear if the background check includes the court or criminal records that hold it. Indiana keeps criminal records through the Indiana State Police and local courts.
Not all background checks search the same records. Some cover only certain areas or types of offenses. Others search a wider range of records. This means the results can vary.
The Indiana State Police criminal history services provide access to certain Indiana criminal records, including misdemeanor arrests.
Employers and landlords may use background checks to review criminal history. What they find depends on the search and the records available to the screening company.
When misdemeanors may not appear
Some records may not appear on a background check. Indiana law allows people to restrict access to certain arrest records when the case does not lead to a conviction. The rules depend on the case. Some records may qualify for expungement without a separate petition.
A misdemeanor conviction may also qualify for expungement. In general, a person must wait five years before filing a petition to expunge a qualifying misdemeanor. Other legal rules and exceptions may apply.
Expungement can limit public access to qualifying records. However, some legal exceptions still apply. Certain records may qualify for automatic expungement. Others require a petition and court approval.
Understanding your legal options
A misdemeanor conviction does not have to limit your future. Indiana law gives some people a way to clear their criminal records.
You can review your criminal history to see what may appear on a background check. You can also check whether you qualify for expungement. A qualified attorney can explain the rules and help you understand how an expungement may affect future background checks.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[How to adjust Indiana parenting time for school schedules]]>https://www.horvathpelkey.com/?p=475452026-09-24T11:24:29Z2026-09-24T11:24:29ZWhat do Indiana guidelines say about school activities?
The Indiana Parenting Time Guidelines say parents should share school activity information that the other parent cannot access. For school-related activities, the parent exercising parenting time is responsible for transporting the child. Separate rules govern transportation when parents exchange the child at the beginning or end of parenting time.
The guidelines also encourage parents to stay flexible and give early notice when a schedule change is needed.
What changes can make school weeks easier?
You can compare your parenting schedule with the school calendar and your child’s regular activities. Common areas to discuss include:
Pickup and drop-off locations after school or child care
Transportation to practices, games and school events
Homework routines on exchange days
A shared calendar for activities and schedule changes
Addressing these details in advance can reduce last-minute confusion and help keep your child’s school routine consistent.
When an event affects the regular schedule, the guidelines say both parents should try to agree on an arrangement that works for both of them.
When could a court-approved change matter?
If the current schedule continues to conflict with your child’s school routine, a formal modification may be an option. Under Indiana Code § 31-17-4-2, a court may modify parenting time when the change would serve the child’s best interests. A higher standard applies if the change would restrict a parent’s parenting-time rights because of concerns about the child’s physical health or emotional development.
The guidelines also encourage parents to discuss parenting-time disagreements and consider mediation, where a neutral person helps them work toward an agreement, before going to court.
Know when your schedule needs another look
School-year demands can affect what works for your family over time. Noticing recurring conflicts can help you decide whether an informal adjustment is enough or whether your parenting plan needs a closer review. If you are unsure how your current court order applies, legal guidance can help explain your options and whether a formal modification may fit your situation.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[5 essential estate planning documents for Fishers families]]>https://www.horvathpelkey.com/?p=475392026-09-11T07:20:22Z2026-09-11T07:20:22ZA will names who takes charge
If you die without a will, Indiana's intestate succession laws determine who inherits your assets and who manages your estate – which may not reflect your actual wishes. A will lets you name a personal representative and, if you have children, name a preferred guardian for minors. The court still reviews that choice if a guardianship begins, but clear written instructions can reduce conflict and delay.
A revocable living trust only works if you fund it
Some families use a revocable living trust to keep certain assets out of probate. A pour-over will can direct outside assets into the trust later, but that does not replace proper funding. A common problem arises when someone signs the trust but never retitles key assets into it.
A financial power of attorney covers money matters during incapacity
A durable financial power of attorney lets your chosen agent handle the tasks you list if illness or injury leaves you unable to act. That authority may include paying bills, managing accounts or dealing with property issues. Banks may reject vague or outdated forms, so clear language and current signing requirements matter.
A health care representative appointment names who can speak for you
Indiana allows a person to appoint a health care representative to work with providers and access medical information. That document names the decision-maker. A living will serves a different role by addressing life-prolonging treatment choices. For public guidance on advance directive forms and medical planning terms, families can review the differences before signing.
Beneficiary designations and document access can override or support the plan
Retirement accounts, life insurance and similar assets may pass by beneficiary designation instead of by will. You should also store signed documents in a location where the right people can find them, and make sure they know where to look. A broader review of estate planning tools and family asset decisions can show how these documents work together. An estate law attorney can review the plan, identify gaps and confirm whether the documents still match the family’s needs.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Is carrying a handgun without a license a crime in Indiana?]]>https://www.horvathpelkey.com/?p=475292026-08-28T07:59:12Z2026-08-28T07:59:12ZIndiana changed its handgun laws in 2022, making it legal for many people to carry a handgun without a license. That change can create confusion, especially if you hear that carrying a handgun without a permit is still a crime.
In most cases, not having a license alone does not make handgun carry illegal in Indiana. However, state law still prohibits certain people from carrying a handgun, and violating those rules can lead to criminal charges.
When can carrying a handgun become a crime?
Indiana Code § 35-47-2-1.5 prohibits certain people from knowingly or intentionally carrying a handgun. The law applies to specific situations rather than simply focusing on whether someone has a carry license.For example, Indiana law generally prohibits handgun carry by people who fall into categories such as:
People convicted of certain felonies
People under indictment for a qualifying offense
People subject to certain protective orders
People convicted of qualifying domestic violence offenses
People who are fugitives from justice
Certain people who have been adjudicated dangerous or committed to a mental institution
The law also includes age-based restrictions and other categories of prohibited individuals. Some exceptions may apply, such as when a person's firearm rights have been restored.
What penalties can apply in Indiana?
Carrying a handgun illegally can lead to a Class A misdemeanor in Indiana. However, some cases can lead to a Level 5 felony. This may happen when the person carries a handgun on school property or has certain past convictions.Where and how you carry the handgun can also affect the charges. For example, private property owners can ban guns on their property. Indiana law also has rules about carrying a handgun in a vehicle.Talking with a criminal defense lawyer can help you learn whether the facts of your case support the charge and whether an exception under Indiana law may apply.
Knowing where the law stands
Indiana's permitless carry law does not mean every person can legally carry a handgun. The key issue may be whether the person carrying the firearm falls within a prohibited category under state or federal law.If you face a handgun charge in Indianapolis, examining the reason for the stop, the circumstances surrounding the firearm and your legal status may help clarify what charges you could face.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[How is property divided under Indiana’s one-pot theory?]]>https://www.horvathpelkey.com/?p=475282026-08-21T08:42:22Z2026-08-21T08:42:22ZThe court starts with all property in one marital pot
Indiana’s rules on how the state divides marital property generally place all property in the marital estate before the court decides how to allocate it. The law starts with a presumption of equal division, but either spouse may try to show why a different result would be fair.
What can change the final split?
A spouse who wants more or less than half usually must show facts that justify a different result. The court may look at each spouse’s contributions, economic circumstances and the history of how the spouses acquired the property.
Relevant facts may include:
Whether one spouse brought significant property into the marriage
Whether property came from an inheritance or gift
Each spouse’s earnings or earning ability
Whether one spouse sold or hid assets
The financial needs of each spouse after divorce
These factors may affect whether the court sticks with an equal division or moves away from it.
The one-pot theory does not mean every asset gets split in half
The one-pot approach means the court considers all property, not that each asset must be divided 50-50. Some spouses keep certain property while the other receives different assets or offsetting value. Many disputes over marital property turn on valuation, tracing and whether a spouse can rebut the presumption of equal division. A divorce lawyer helps organize the financial picture early, because the stronger argument often depends on clear records showing the property’s history.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[What are your options for leaving your house to your children?]]>https://www.horvathpelkey.com/?p=474392026-07-29T12:58:29Z2026-07-29T12:58:29ZUse a transfer on death deed
A transfer on death (TOD) deed identifies the children who will receive the house when you die. After recording it, you retain ownership and may revoke the document during your lifetime. The residence generally also stays outside probate. If your home is located in Indiana, state TOD law applies to its beneficiary designation.
Establish a revocable living trust
You may convey the title to a trust and serve as trustee, which preserves your authority to manage the residence. Depending on the document’s terms, a successor trustee can step in after incapacity and later distribute the asset without probate. If the house remains part of your gross estate at death, the beneficiaries may qualify for an adjusted income-tax basis.
Transfer the home through a will
A will identifies who should receive the residence and lets you amend that choice while you have testamentary capacity. However, the house remains part of the probate estate. Administration may involve creditor claims, court filings, delays and added expense before the personal representative completes distribution.
Gift the property during your lifetime
A completed lifetime gift gives the recipients an immediate ownership interest and reduces your control. It may require federal gift-tax reporting, trigger a Medicaid transfer penalty or expose the asset to claims arising from a child’s debts or divorce. Recipients usually use the donor’s adjusted basis when calculating gain, which could increase the tax due after a sale.
Why tailored planning matters
The right approach often depends on your finances, family relationships and desired flexibility. Shared ownership may create tension if one child wants to keep the residence while another prefers to sell it.
Your plan can address those competing goals through occupancy terms or sale instructions. An attorney can coordinate the selected instrument with tax rules and long-term care concerns, reducing the risk of future disputes.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Refusing a chemical test during an Indiana OWI stop]]>https://www.horvathpelkey.com/?p=474232026-07-12T11:21:26Z2026-07-16T11:20:04ZIndiana has an implied consent law
Under Indiana Code § 9-30-6-1, you give implied consent to a certified chemical test when you operate a vehicle in Indiana. If an officer has probable cause to believe you were operating while intoxicated, they may request a breathalyzer test, a blood test or another approved chemical test. The officer may also offer more than one type of test.
These rules apply only after officers meet the legal requirements for requesting a test.
Refusing the test can affect your driving privileges
If you refuse a certified chemical test after receiving the required warning, the state will suspend your driving privileges. Indiana Code § 9-30-6-7 requires officers to advise you of this consequence before a refusal. Your refusal may also become part of the court record.
These administrative penalties apply regardless of the final outcome of your criminal OWI case.
Refusal does not automatically end the investigation
Refusing a chemical test does not necessarily mean there will be no evidence in your case. Officers may still rely on other information, including:
Driving behavior
Physical observations
Witness statements
Other evidence officers gathered during the investigation
Indiana Code § 9-30-6-3 also allows the court to admit evidence of your refusal. As a result, refusing a test does not automatically prevent an OWI charge.
Every OWI stop is different
Each traffic stop depends on the facts. The circumstances of your stop, the officer's observations and the evidence officers collected all play a role in how your case moves forward. Learning more about Indiana impaired driving laws and reviewing information about Indiana OWI defense can help you better understand the legal process.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Do stepchildren have rights to a stepparent’s assets?]]>https://www.horvathpelkey.com/?p=474322026-07-15T10:38:36Z2026-07-15T10:38:36ZHow might stepchildren get left out of an inheritance?
Unlike biological children, the state’s intestate succession laws do not recognize stepchildren as the rightful heirs. Additionally, a verbal understanding between spouses may not provide reliable legal protection for a stepchild’s inheritance. If the stepparent dies without an estate plan, the inheritance will likely go to the surviving spouse and other legally recognized heirs. Even when property passes to the surviving spouse, there is no guarantee that the remaining assets will eventually pass to the stepchildren.
How can one ensure fair division of assets in Indiana?
Family circumstances may change after a stepparent dies. The surviving spouse may remarry, revise an estate plan or use the inherited property during their lifetime. Without clear legal protections, the stepchildren may not receive the inheritance the deceased stepparent intended for them. Fortunately, there are several legal options available that can allow stepchildren to inherit, such as:
Including stepchildren in a marital trust can provide for the living spouse, while locking in a certain inheritance for their children.
Setting up a statutory Transfer on Death (TOD) deed including stepchildren as inheritors, upon the step-parent’s passing.
Naming the stepchildren as one of the beneficiaries on various insurance policies and retirement funds.
Adopting stepchildren gives them equal rights as the biological children and allows them to legally inherit from the adoptive parent.
Each of these options has unique legal and personal implications. For instance, adopting is an option that can improve bonds in a blended family. But, it can also change a stepchild’s right to inherit from their other biological parents. Consulting with an experienced estate planning attorney might be insightful while blending the financial aspects of the family.
Providing security to your family
It takes a lot of effort and deliberate planning when blending families. Modifying your list of inheritors in advance may be one of the most effective ways to protect your loved ones. Clear instructions may reduce uncertainty and help your family members better understand your and your spouse’s intentions.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Understanding healthcare directives and living wills in Indiana]]>https://www.horvathpelkey.com/?p=474282026-07-14T15:49:11Z2026-07-14T15:49:11ZWhat healthcare directives mean in Indiana
A healthcare directive is a legal document that outlines medical treatment preferences. Under Indiana law, these documents become active when a person cannot make their own healthcare decisions. The directive tells doctors and family members what kind of care you want.
This document can address various medical situations, from life support to pain management. Having a healthcare directive in place removes the burden of difficult decisions from loved ones during stressful times.
The role of living wills
A living will is a specific type of healthcare directive. It focuses on end-of-life care decisions. This document states whether doctors should use life-prolonging procedures when you have a terminal condition or fall into a permanent unconscious state.
Although Indiana does not legally require physicians to follow a living will's directives, healthcare providers must consider the document as as presumptive evidence of personal wishes. The living will requires signatures from two witnesses or a notary public to become valid.
When no plan is in place
Without these documents, the impact on your family can be significant. Loved ones may disagree on the right course of action. Medical teams may also turn to aggressive treatments that do not reflect your actual wishes.
While Indiana law does establish a default order of family members who can decide for you, relying on that process can lead to confusion and conflict during an already painful time. Having your own documents removes that uncertainty completely.
Securing your healthcare decisions
The right time to talk about healthcare directives is before a crisis arrives. Sharing your wishes with family members now means they will not have to guess later. That one conversation can spare your family an enormous amount of pain and uncertainty when emotions are already running high.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[An Indy co-parent’s guide to summer events and custody rules]]>https://www.horvathpelkey.com/?p=474242026-07-13T09:33:56Z2026-07-13T09:33:56ZWho is responsible for finances?
In Indiana, the state intends child support to cover basic living expenses and other necessities. Courts do not generally account for extracurriculars or seasonal events such as overnight stays and summer outings. There are two possible ways for co-parents to designate responsibility:
Agreement: When both parents agree on the decision for the child to participate, they may negotiate on who bears financial responsibility. Typically, parents share a proportion based on income (pro rata).
Court-ordered division: If you and your ex-spouse cannot agree, a judge may evaluate if the activity is in the child’s best interest. It is up to a court to decide how to approach cost-sharing.
Seasonal events fall under extraordinary expenses that are not part of basic child support obligations. Ensure that you have ample time to discuss financial matters with your co-parent before your child participates in events.
Can you take a child to a summer event?
Indiana Parenting Time Guidelines establish default directions for summer breaks. Legally, summer starts the day after the last day of school and ends the day before school resumes again. If you have kids aged 5 or older, the guidelines typically grant you the right to split the summer evenly with your co-parent, unless a specific court order dictates otherwise.
Under these guidelines, a noncustodial parent has until April 1 to submit a parenting schedule and plans to the other parent. Otherwise, the custodial parent has the priority in choosing schedules. If you plan to take a child to a summer event, outline it clearly in the schedule.
Can you request extra time?
Since the April 1st deadline has long passed, requesting extra time may be tricky. You must negotiate with your co-parent and communicate any requests in writing for record-keeping. Even then, the other parent may refuse the extra time.
Should this fail, you may try filing a formal request to modify parenting plans. Again, a judge will determine whether you can spend extra time without violating custody orders. Before taking formal steps, seek legal advice from a professional to determine your best actions.]]>