Horvath & Pelkey, LLP 2026-08-28T07:59:12Zhttps://www.horvathpelkey.com/feed/atom/WordPress/wp-content/uploads/sites/1504814/2025/12/cropped-HP_FAV-32x32.pngOn 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.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Providing stability for children during divorce]]>https://www.horvathpelkey.com/?p=474132026-06-11T20:52:18Z2026-06-11T20:52:18ZMany parents worry about how a divorce will affect their children largely because every family experiences change differently. Children look to their parents for stability, reassurance and guidance during periods of uncertainty. Divorce can be difficult on kids, but the steps parents take during and after the separation play an important role in helping children adjust to new family dynamics.
Keep conflict away from children
Children might struggle once they are exposed to ongoing conflict between their parents. Arguments, conflicts and negative comments can create emotional stress for children, which makes adjusting to the changes even more difficult. It might not be possible for parents to completely avoid disagreements, but it might be helpful to keep kids away from conflicts, which can create a more stable environment for them. Research suggests that conflict between parents can have a greater impact on a child’s wellbeing than the divorce itself.
Encourage open communication
Some children might not express their concerns directly. They can become withdrawn, frustrated, sad or show changes in behavior.Parents can help them have more open conversations to encourage them to share their feelings. Listening without judgment and answering any of their questions in an age-appropriate manner may help children feel heard and supported. Children might also need assurance from their parents that divorce is not their fault and that both parents will continue to love them the same.
Focus on stability and routine
Change can feel overwhelming for children. Parents should keep a consistent routine that could give a sense of security during a difficult time. Some ways to provide stability can include:
Keeping a regular schedule whenever possible
Communicating changes in advance
Maintaining school and extracurricular activities
Creating a consistent parenting schedule
Encouraging a healthy relationship between both parents
Consistency can help children understand what to expect and it reduces uncertainty.
Supporting Children Through Change
Getting a divorce can be a big change for the entire family. While this can be difficult for children to adjust to, parents can help make the transition easier by providing stability, maintaining open communication and prioritizing the child's wellbeing. Taking these steps thoughtfully may help children build resilience and move forward with confidence.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Concert season crackdowns: OWI risks and enforcement]]>https://www.horvathpelkey.com/?p=474112026-06-05T20:53:58Z2026-06-05T20:42:34ZWhy concert nights bring increased OWI enforcement
When you leave a packed concert, you will likely join thousands of other drivers trying to exit the area at the same time. Because of the heavy traffic, law enforcement agencies commonly increase patrols near concert venues to monitor traffic safety and enforce impaired-driving laws.
Officers may watch for driving behaviors that can lead to a traffic stop, including:
Weaving between lanes
Exceeding the speed limit
Following another vehicle too closely
Failing to signal a turn
Driving without required headlights
A traffic stop does not require proof of intoxication. A traffic violation alone may provide a legal basis for an officer to stop your vehicle and begin an investigation.
What may happen during an OWI traffic stop
If an officer stops your vehicle after a concert, they may look for signs of impairment and may ask questions about alcohol consumption. Depending on the circumstances, the officer may request field sobriety tests or a certified chemical test.
Indiana's implied consent law applies to drivers who use public roads in the state. A refusal to take a properly requested certified chemical test can result in a driver's license suspension, even before a criminal case reaches a final outcome.
Why "sleeping it off" may not prevent an OWI charge
You may think that sleeping in your vehicle after a concert will prevent an OWI charge. However, when authorities believe an impaired person had actual physical control of a vehicle, they may still pursue an OWI charge. Factors that may receive attention include:
Sitting in the driver's seat
Leaving the keys in the ignition
Running the vehicle for heat or air conditioning
Parking in a location open to traffic
Because OWI investigations do not always involve moving vehicles, sleeping in a parked vehicle does not necessarily eliminate the possibility of a charge.
Why assumptions can create legal risks
Many OWI cases begin with decisions people believe will help them avoid trouble. A driver may assume a traffic stop will not happen after a concert, or that remaining in a parked vehicle removes the risk of an OWI charge.
The legal risks are not always as clear as people expect. The circumstances surrounding a traffic stop, a chemical test request or a person's control of a vehicle can all become part of an OWI investigation. Knowing how these situations can arise may help you better understand the legal issues that can follow a night out.]]>On Behalf of Horvath & Pelkey, LLP<![CDATA[Should you update your will after divorce?]]>https://www.horvathpelkey.com/?p=474102026-05-28T08:18:58Z2026-05-28T08:18:58ZDivorce changes more than your household, finances and parenting schedule. It can also change who should inherit your property, manage your estate or make important decisions if you cannot speak for yourself.
Many people in Fishers and Hamilton County update accounts after divorce but forget about their estate plan. That gap can create confusion later, especially if an old will still names a former spouse.
Indiana law may not fix everything
Indiana law addresses part of the problem. If someone makes a will and later divorces, Indiana generally revokes will provisions that benefit the former spouse. The same rule applies after an annulment. The law also says those provisions are reinstated if the person remarries the former spouse.That rule offers some protection, but it does not replace a full estate plan review. A will may still name backup beneficiaries, guardians, personal representatives or other people who no longer match your wishes. The document may also leave out new concerns that developed during or after the divorce.
Key documents may need review
A will is only one part of an estate plan. After divorce, it can help to review documents that control property, medical choices and financial decisions. These may include:
Your will
Trust documents
Powers of attorney
Health care directives
Life insurance beneficiaries
Retirement account beneficiaries
Transfer-on-death or payable-on-death forms
Indiana’s rule on divorce and wills does not always control every asset outside probate. Accounts with named beneficiaries may pass based on the form on file, not the terms of the will. That is why an estate planning review should include both legal documents and account paperwork.
Divorce can change family priorities
After divorce, your goals may look different. You may want assets to pass directly to children, protect a child’s inheritance through a trust or name a sibling, parent or adult child as decision-maker.A parent with minor children may also need to review guardianship wishes. While a will generally does not override a surviving parent’s rights, it can still express your preference if a guardian ever becomes necessary.An updated estate planning strategy can also help coordinate your will with property division, support obligations and beneficiary designations.
A current plan reduces future conflict
Divorce can leave outdated instructions in place if you do not review them. Indiana law may remove some gifts to a former spouse, but it cannot decide your new priorities or account choices for you. Updating your will after divorce helps make your wishes clearer and gives your family a more reliable roadmap if something happens.]]>