Heather L. George Myers, Attorney at LawLawyer Greenwood IN | Heather L. George Myers, Attorney at Law2026-05-08T13:58:15Zhttps://www.hgmyerslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502002/2021/02/cropped-favicon-1-32x32.pngOn Behalf of Heather L. George Myers, Attorney at Law<![CDATA[6 key life events when you should update your will in Indiana]]>https://www.hgmyerslaw.com/?p=472052026-05-05T13:58:40Z2026-05-08T13:58:15ZIn Indiana, certain life events do not merely alter your family dynamics. Sometimes, they also affect your legal standing. To ensure your personal representative, also known as your executor, can honor your true wishes after your passing, you need to keep your will current. Hence, here are six key moments when you should review and update your document.
When your marital status changes
A change in your marital status is one of the most consequential reasons to update your will. Marriage, divorce or remarriage can affect who inherits your assets. Without an updated will, your document could still designate your former spouse as a beneficiary. This is why you need to update your will whenever your marital status changes. Addtionally, expanding your family also warrants a closer look at your document.
When you welcome a new child
When you welcome a new child through birth or adoption, you must revise your will to reflect that addition. If you skip the update, your child may not receive the protection or assets you intend for them. Aside from that, a current will also lets you designate a guardian and allocate resources for their future.
When your children become adults
As your children grow, their circumstances change. Once they reach the age of majority, they may no longer require guardianship provisions, but may still benefit from trust adjustments. This is why you should review your will when they enter adulthood to make sure it still meets their needs. Just as family changes prompt a review, so do significant shifts in your financial situation.
When your finances significantly change
Buying a home, receiving an inheritance or starting a business can alter the composition and overall value of your estate. Update your will during this time so your personal representative can manage your assets according to your current wishes. Meanwhile, your place of residence carries equal weight, so a change in location also warrants attention.
When you move to a new state
If you move out of Indiana, you need to update your will as soon as possible. This is because estate laws vary by state and country. Therefore, a will valid under Indiana law may not carry the same weight in another jurisdiction. Even if you remain in Indiana, the individuals you rely on to execute your wishes may no longer be able to do so.
When your executor can no longer serve
If your named executor, trustee or beneficiary passes away or can no longer fulfill their obligations, amend your will without delay. Without a capable personal representative in place, your estate may encounter significant legal and administrative complications. This is also why revisiting your will regularly, not just after major events, matters.
Keep your will updated throughout your lifetime
Life circumstances rarely remain static and neither should your will. Each of these six events is a reminder that your document must reflect your current circumstances, not those of years past. Staying current ensures your wishes remain clear and your loved ones remain secure. At the end of the day, the right guidance can make the process straightforward and give you confidence that your will truly reflects your intentions.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Can you change custody orders without a trial in Indiana?]]>https://www.hgmyerslaw.com/?p=472042026-02-02T08:31:49Z2026-02-05T08:31:01ZDo you need a trial to modify a custody order?
Typically, divorced parents can avoid going to trial if they reach a mutual agreement regarding the changes to their custody order. However, they will still need a judge’s signature for these modifications to be legally binding.
To retrieve a judge’s signature, you can file a petition and submit it to the court that issued your original custody order. Judges are more likely to sign your agreement if the proposed modifications have the child’s best interests in mind and if the changes are reasonable and mutually agreed upon between the parents.
What happens if a spouse does not consent to changing their custody order?
When it comes to modifying custody orders, having the consent of both parents is important. In Indiana, if one parent does not agree to the proposed modifications, the court may refer them to mediation. However, if mediation fails, they will instead go to trial. The judge will make their final decision after listening to both parties and considering the evidence.
Modifying custody orders is difficult if neither parent is willing to compromise. By coming to a mutual agreement, you can spare yourself a lot of time and effort by avoiding a trial and make life better for your child.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Divorce mediation: A peaceful way to divide assets in Indiana]]>https://www.hgmyerslaw.com/?p=472032025-11-07T10:27:31Z2025-11-12T10:27:15Z“Equal” doesn’t always mean "equitable"
In Indiana, divorce is based on a "whole pot" theory, meaning that almost all property and debt either spouse owns, even assets you brought into the marriage, are part of the marital estate. State law includes a presumption for a 50/50 division of your assets.
However, a court can deviate from this equal split to ensure a truly equitable outcome. The judge considers factors such as your ability to earn a living, both spouses’ premarital contributions to the marital pot and whether one spouse wasted assets.
Mediation vs. litigation: Tailored solutions, not court orders
In litigation, the judge is constrained by statutory factors and legal precedent, which may result in a division that is less flexible or less specifically tailored than one created by the parties themselves. In effect, you lose control over the outcome.
Mediation, in contrast, allows you and your spouse to create unique, mutually agreeable solutions tailored specifically to your family's needs. This is where you can get creative, going beyond what a judge can order.
Through mediation, you can craft flexible agreements, such as:
Offsetting a significant debt against the value of a specific asset
Allowing one spouse to keep the primary residence in exchange for a lower share of a retirement account, like a 401(k)
Dividing complex assets, such as business valuations, with more control
Mediation offers the freedom to achieve a practical, fair resolution that preserves value and stability for you and your children. You remain in charge of the decisions that will shape your life after divorce.
Take control of your financial future
Choosing mediation gives you greater power over the process, speeds up your divorce and often reduces costs and stress. You and your spouse define what a fair outcome looks like for your unique situation.
Even when pursuing mediation, having skilled legal representation protects your rights and financial stability throughout the process. Your attorney's role is to advise you on the long-term legal and economic implications of any settlement you consider.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Joint vs. sole custody in Indiana: What’s the difference?]]>https://www.hgmyerslaw.com/?p=472002025-09-01T05:35:46Z2025-09-04T05:34:41ZWhen you’re going through a divorce or custody case in Indiana, one of the most important decisions you’ll face is how custody will be divided. Custody decisions after all aren’t just legal, they’re deeply personal.
Understanding the difference between joint and sole custody can help you prepare for what comes next and make informed choices for your child’s future.
What legal custody actually means
Legal custody refers to who has the authority to make major decisions about your child’s life, such as education, healthcare and religious upbringing. In Indiana, both parents can share this responsibility (joint legal custody), or one parent may receive full control (sole legal custody).If you and your co-parent are able to communicate well and agree on big-picture decisions, joint custody might be a strong option. On the other hand, if there’s ongoing conflict or a history of abuse, a judge may decide that sole legal custody is in the child’s best interest.
Physical custody is about where the child lives
Physical custody determines where your child lives and how much time they spend with each parent. Similar to legal custody, this can be joint or sole.
Under joint physical custody, the child gets to spend time with both parents but it’s not always a 50/50 split. Sole physical custody means the child lives primarily with one parent, while the other typically has scheduled parenting time.
Even if parents share legal custody, one parent can still have sole physical custody, and vice versa.
What Indiana courts consider when deciding
Every custody case in Indiana centers on one thing: the best interests of the child. Judges look at several factors to decide what’s best, including:
The child’s age and needs
The relationship between the child and each parent
Each parent’s ability to care for the child
Any history of domestic violence or substance abuse
Courts will consider these factors carefully because custody is never one-size-fits-all.
Choosing what’s best for your family
Whether you’re pursuing joint or sole custody, what matters most is creating a plan that supports your child’s well-being. Take time to understand your rights and responsibilities, and don’t hesitate to seek legal guidance if things feel overwhelming. At the end of the day, you are doing all this to protect your child’s stability and your role as a parent.
]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[3 common oversights people make when drafting their wills]]>https://www.hgmyerslaw.com/?p=471992025-05-07T10:07:12Z2025-05-12T10:06:44ZIgnoring the residuary estate
The main focus for many people putting together estate plans is often to provide instructions regarding their most valuable assets. They establish clear directions for handling their homes, vehicles and financial accounts. However, they may not provide direction regarding their personal property and other assets that make up their residuary estate. Leaving instructions for the distribution of any assets not included by name in an estate plan is an important move.
Failing to name alternates
People typically name the person who can administer their estate in their will. They may also nominate a guardian to care for their minor children. People often forget to nominate alternates in case the person they initially selected is unavailable when the time comes or incapable of accepting that role. Having alternate candidates for any major position of authority delegated in an estate plan is typically a beneficial move. Alternate beneficiaries can even be a smart inclusion in many estate plans, especially if testators go years between each review and update.
Omitting witness signatures
In scenarios where people draft their own wills, they may operate under the assumption that their signature is the only one truly necessary. However, witness signatures are also crucial for a valid will. The testator typically needs the signatures of two competent adult witnesses to validate the will. Those witnesses can affirm that the testator was the party who drafted and signed the document. They can also provide insight into the testator’s mental state at the time of the signing.
Partnering with an attorney when drafting or updating a will can help ensure that people don't fall victim to these and other common mistakes. Including the right terms in a will can help people leave a meaningful legacy and protect the people they love.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Parenting time schedules for busy kids ]]>https://www.hgmyerslaw.com/?p=471972025-02-06T05:08:17Z2025-02-12T05:01:00ZWhen parents divorce or separate, creating a parenting schedule that works for everyone can be challenging. This is sometimes especially true when a former couple’s child has a full calendar of school, extracurricular activities and social events.
While courts prioritize the best interests of the child, they also recognize the importance of maintaining meaningful relationships with both parents. Ultimately, balancing a child’s busy schedule with parenting time generally requires flexibility, clear communication expectations and a well-structured plan.Many children participate in sports, music lessons, academic programs and social activities that keep them busy throughout the week. These commitments can make it difficult to implement a standard parenting time arrangement, especially if parents live far apart or have conflicting work schedules. Common challenges in scenarios like these include:
Managing transportation to and from activities
Ensuring both parents get quality time with their child
Avoiding disruptions to the child’s education and extracurricular participation
Adjusting for last-minute schedule changes or special events
Most of the time, to more effectively create a schedule that accommodates a busy child’s lifestyle, parents should focus on flexibility and cooperation rather than a rigid time split.
Common parenting time schedules for active children
Parents can use various scheduling methods to better ensure that their child maintains their normal routine while spending quality time with both parents. Some of the most effective arrangements include:
Alternating Weeks with Midweek Time: The child spends one full week with one parent and the next week with the other, with a midweek chunk of parenting time or dinner to provide additional time with their other parent. This approach often works well for older children with structured activities that require consistency.
2-2-3 or 2-2-5-5 Schedules: These schedules alternate parenting time every few days, allowing both parents frequent contact. This works best if both parents live near their child’s school and activities.
Weekend-Focused Schedules: If one parent has a demanding workweek and their child is busy with school and activities, the other parent may have primary parenting time during the week while the other parent takes extended weekends or alternating long weekends.
Activity-Based Adjustments: Some parents agree to a flexible schedule where their child remains in one home for the school week but adjusts based on games, competitions or rehearsals.
To create a schedule that meets the child’s needs while ensuring both parents stay involved, parents can work with their legal representatives to coordinate their calendars, set reasonable expectations and work out their differences. Although co-parenting a busy kid isn’t easy, it’s certainly possible when thoughtful approaches are employed. ]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[How a divorce can affect your estate plan in Indiana]]>https://www.hgmyerslaw.com/?p=471952024-11-08T10:35:09Z2024-11-13T10:34:51ZYour spouse’s inheritance
Under Indiana law, a current spouse cannot be completely disinherited. The law states that if someone dies “testate” (with a will), a surviving spouse has the right to claim a share of the estate. What percentage depends on whether there are children and other factors. Whether you want to make any changes to your spouse’s inheritance prior to the divorce finalization is up to you, but you should get estate planning guidance before you do, given that your options are inherently limited to a degree.
Indiana probate law also states, “If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse are revoked.” Thus, the law disinherits an ex-spouse automatically. That means if you still choose to leave them something or the divorce agreement requires it, you’ll need to modify your will and/or other documents to address that concern explicitly.
What about fiduciary responsibilities?
If you’ve named your spouse as your executor, your health care representative, power of attorney (POA) and/or given them fiduciary responsibility for any aspect of your estate plan, you can replace them with someone else at any point since the law doesn’t require that these roles be given to a spouse. Note that if they have those responsibilities, they’ll automatically be revoked with the finalization of the divorce. Whether you choose to leave your spouse in charge of these things after the divorce or not, you’ll need to amend your estate plan to clarify your wishes in ways that are enforceable.
Since there are a multitude of factors unique to each divorce and each estate plan, your best course of action is to have estate planning guidance available throughout your divorce. If your spouse also has an estate plan, they should do the same so that you know where you stand regarding inheritances and fiduciary responsibilities as you move forward.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[3 concerns when sharing custody of a newborn or infant]]>https://www.hgmyerslaw.com/?p=471932024-08-12T08:37:31Z2024-08-15T08:37:01ZWho will be the primary caregiver?
Infants lack a sense of object permanence. When someone leaves their line of sight, the infant does not realize that the person continues to exist. It can, therefore, be very traumatic for a baby to face prolonged separation from the parent they have bonded to as their primary caregiver. Parents may need to negotiate about who intends to fill that role and may need to allocate the vast majority of parenting time to that adult.
Does the baby receive formula or breastmilk?
Most pediatricians agree that a fed baby is a healthy baby. They do not like to play the game where people pit breastfeeding mothers against parents who formula feed. That being said, if a new mother commits to breastfeeding, continuing to do so can be beneficial for her and the child. Overnight parenting time could disrupt her milk supply and reduce the benefits derived from breastfeeding by both the mother and the infant. Parenting time with a non-nursing parent may need to remain relatively short for as long as a child continues to nurse.
Are there other children to accommodate?
In some families, there are older children and an infant. The parents may need to establish two separate sets of custody plans. Doing so allows the older children to spend plenty of time with the parent who is not the primary caregiver of the infant. The parent who does not act as the primary caregiver to the infant might take the other children overnight and spend a little bit of time bonding with their infant child before pick up and after dropping off the children.
Frequent, short parenting time sessions are often better than longer parenting time stretches and overnight stays while a child is still quite young. As children mature, the duration of parenting time can gradually increase. By the time they are in middle school or high school, parents could potentially split or alternate weeks without disrupting the parent-child bond.
Creating a working custody arrangement for an infant requires careful consideration. Parents who think about what their children truly need can work to establish arrangements that work well for their families.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Who can serve as a witness to a will signing?]]>https://www.hgmyerslaw.com/?p=471922024-05-07T05:28:27Z2024-05-10T05:28:04ZA testator needs two witnesses
The role of a witness is important for the future validation of estate planning paperwork. They can help resolve any issues related to an estate that may arise after the testator's death. A witness can testify that the person who signed the document is the person whose name is on the paperwork. They can also help validate someone's state of mind at the time when they drafted their documents.
Generally speaking, an individual needs two adult witnesses to attest to their signing of the document. The law in Indiana is actually more protective of testators than the law in many other states. It helps to address the risk of misconduct by including a second requirement. The witnesses must be disinterested parties, meaning that they have no personal stake in the estate. Anyone who stands to inherit from the estate cannot serve as a witness to its signing. A document witnessed by someone with an interest in the estate is likely invalid.
Testators who learn about Indiana probate laws can perform the appropriate steps to create enforceable wills. Drafting a will can give a testator peace of mind and can help to ensure that they leave a meaningful legacy when they die.]]>On Behalf of Heather L. George Myers, Attorney at Law<![CDATA[Property division considerations during Indiana divorces]]>https://www.hgmyerslaw.com/?p=471902024-02-14T18:02:07Z2024-02-10T05:34:39ZTypes of assets considered
The assets subject to property division in Indiana include tangible and intangible items owned by either spouse before the marriage, acquired by either spouse during the marriage, and all jointly acquired property. Tangible assets include real estate, vehicles, furniture, and other personal property. Intangible assets cover financial investments such as stocks, bonds, retirement accounts and pensions. Even businesses owned by one or both spouses can be considered part of the marital estate.
Additionally, any asset received as a gift or inheritance, may be subject to division. This typically occurs if it was commingled with marital assets or its value increased due to the efforts or contributions of the other spouse during the marriage.
Treatment of debts
Just as assets are divided during a divorce, debts incurred by the couple are also subject to division. This includes mortgages, car loans, credit card debts, and other liabilities accrued during the marriage. It's important to note that creditors may still pursue both parties for jointly held debts, regardless of the divorce decree's directives. As a result, whether they are properly transferred to one party’s name or not, how debts are allocated during divorce can have significant implications for each individual's financial future.
Factors considered in property division
Indiana courts consider several factors when dividing property, aiming for an equitable solution. These factors include the contribution of each spouse to the acquisition of property, the economic circumstances of each spouse at the time of division, the conduct of the parties during the marriage, and the earnings or earning ability of the parties.
Property division can be very complex. Working with someone who can provide legal assistance is critical to learn about what options are possible and how to protect one’s personal interests during divorce.]]>