• Easter Holiday 2019

    As most parents of divorce are aware, the Indiana Parenting Time Guidelines provide a schedule for holiday parenting time that covers many major U.S. holidays. What same people may not realize is that among the holidays included in the guidelines is Easter. Easter falls on April 21st this year, and this year (and all odd years) the holiday parenting time is exercised by the non-custodial parent. That means that if you are the non-custodial parent and your court order provides for you to have “holidays pursuant to the guidelines” (or has other similar language), you are entitled to exercise parenting time from Friday, April 19th, at 6 p.m. until 7 p.m. on Sunday, April 21st.

    If your court order was entered after March of 2013, then the holiday parenting time does not impact the rotation of regular weekend parenting time. In other words, if the Easter holiday weekend would not normally be your weekend with the children but the weekend before and after are your normal weekends, then you will have three weekends in a row of parenting time.  If the Easter holiday weekend also aligns with your normal weekend rotation, the holiday parenting time will really only likely impact drop-off time (as typical weekend parenting time ends at 6 p.m. on Sundays).

    If your court order was entered before March of 2013, the holiday parenting time does impact the rotation of regular parenting time IF the exercising of the holiday results in a parent having three weekends in a row. For example, if the non-custodial parent’s regular weekend is April 12-14 and then he/she has parenting time for Easter on April 19-21, the custodial parent would then get the weekend of April 26-28 and the weekend of May 3-5 would be the non-custodial’s and the parties would keep rotating as such until holiday or extended summer parenting time begins.

    Other upcoming holiday parenting to be aware of (and which we will post more about when we get closer), especially while scheduling summer parenting time:

    • Memorial Day, May 24 at 6 p.m. until May 27 at 7 p.m. (custodial parents in 2019)
    • July 4th, July 3 at 6 p.m. – July 5 at 10 a.m. (non-custodial parent in 2019)
    • Labor Day, August 31 at 6 p.m. until September 2nd at 7 p.m. (custodial parent in 2019)

    If you have any questions about holiday parenting time or need to understand what your rights are under the Indiana Parenting Time Guidelines, the experienced family law attorneys at Cairns Law are available for a free thirty-minute phone consultation. Call 317-632-4711 to schedule your consultation; we are typically able to have the consult at the same time you call or within 1 business day if someone is not available.

  • What happens when you die without a will in Indiana?

    Chances are that someone in your life has told you to make a will at some point or you have encountered some friends or relatives talking about making their own. You have probably heard the reasons why it is important to create a will; but, have you ever wondered what happens in the event that you die without preparing one?

    Under Indiana law, if you die without a will, you are considered as dying “intestate.” This is simply legal terminology that identifies someone who dies without a will. This has certain legal implications, however, because Indiana law controls what happens to intestate estates and determines exactly how the property is distributed. This is all codified in Indiana Code § 29-1-2-1, et seq. While these can be relatively complex to figure out when there are a multitude of surviving relatives at various levels of representation, here are some simple examples of possible intestate distributions in Indiana:

    • Suppose you die without a will and leave behind your spouse and at least one child: your spouse will receive 50% of the net estate and the other 50% will pass to your children.
    • Or, suppose you die without a will and leave behind a spouse, no children, and at least one parent: your spouse will receive 75% of your net estate and your parent receives the rest.
    • Suppose that you have remarried and do not have any children with your current spouse, but have children from a previous relationship: your current spouse will receive only 25% of the remainder of the fair market value of any of your real estate at your date of death minus any outstanding debts on the real estate.
    • Suppose you are not married and have no children: your parents and siblings (or his/her children if a sibling predeceased you) will receive shares of your net estate with each parent being entitled to receive at least 25%.
    • Finally, suppose you die with zero relatives: your net estate will go to the State.

    Most people like to be able to exercise a little bit more control on how their property passes following their death (whether that means providing more for a subsequent spouse, giving to a charitable organization, or even providing for a non-relative) than dictated by Indiana intestacy law. Also, keep in mind that this does not even consider the non-property related issues that arise upon death if minor children are involved. If you would like to develop an estate plan that works best for you and your specific wishes, contact an estate planning attorney at Cairns Law to discuss all of your options.