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What to Look for in a Real Estate Contract (and Why You Might Want a Real Estate Attorney to Look for You)

Posted on by Riley

real estate attorneyYou’re buying a house! Congratulations. That’s amazing. You’ve been searching for weeks, maybe months, and you’ve finally found the house that’s perfect for you. What happens next? You make an offer. “Offer” sounds like a friendly term, but you need to keep in mind that your offer is a legally binding contract. Before you dive in feet first and sign something you don’t fully understand, there are some things to consider.

Who’s writing this legally binding real estate contract?

Your real estate agent will be writing the purchase agreement on your behalf. Your agent has a fiduciary responsibility to you, so you can assume it’s written with your best interest in mind. However, your agent will be using a boilerplate contract and writing in your stipulations.

Realtors are not attorneys, but they’re creating a binding legal document on your behalf. If that doesn’t make you feel 100 percent comfortable, you should consider enlisting the services of an experienced real estate attorney. He or she can guide you throughout the process and review purchase agreements and closing documents (or attend your closing with you) to ensure that you understand what you’re signing and that all the terms are in agreement with what you’ve negotiated.

Earnest money and the option period.

Along with your offer, you’ll be expected to put down earnest money. Note that earnest money is not the same thing as a down payment. Earnest money payments can be as little as $1000, or can range from one to three percent of the total purchase price of the home. These are funds that are promised to the seller and typically held in escrow for closing. The option period specifies the amount of time you, as the buyer, have to cancel the offer without losing your earnest money. Make sure the option period works for your situation.

Who are you paying?

One other thing to note about earnest money payments: Never make your check out to an individual! Your check should be made out to the brokerage firm, escrow firm or real estate law firm that will facilitate your transaction. Keep a copy of your check for your records and get a written receipt.

Other stipulations to consider.

Contingencies are other stipulations that should be included in your offer to give you the leeway you need to get out of the deal if things go wrong. If the contingencies you need aren’t properly written into your offer and you need to get out of the deal, the seller may be entitled to keep your earnest money. Therefore, it’s essential to review the purchase agreement thoroughly prior to signing it and writing your earnest money check. Here are some contingencies you should consider for your home buying transaction:

  1. Must sell current home first. If you’re in a situation where you need the funds from the sale of your current home to able to buy a new one, make sure this contingency is specified in your offer. If there are multiple offers on the house you want, your seller may give your offer lower priority based on this contingency, but it’s better than losing your earnest money AND the house of your dreams if your current home doesn’t sell.
  2. Financing. A financing contingency states that your earnest money must be returned if your loan is denied for reasons that are deemed “beyond your control.”
  3. Clear title. A title search will ensure that the seller has a legal right to sell the property and that there are no liens on it. If the property does not have clear title, you’re entitled to a refund of your earnest money.
  4. Home appraisal. If the home you’ve made an offer on is appraised lower than your agreed upon price, this contingency enables you to renegotiate the price or back out of the deal altogether.

Get experience on your side.

People buy houses every day. Many of those transactions go off without a hitch. However, there are also plenty of ways a simple home purchase can get complicated, quickly. Especially if you’re a first-time home buyer, having an attorney who’s experienced in real estate law by your side through the process can give you peace of mind and potentially save you money and headaches down the road.

If you’re buying or selling real estate in Jackson County, in or near southern Indiana or central Indiana, and need the services of a trusted and experienced real estate attorney, contact Zach Miller today. His offices are in Brownstown, Indiana and he serves clients in Indianapolis, Bloomington, Columbus, Jeffersonville and Seymour, as well as neighboring towns. Zach can also help with other legal matters, like personal injury claims, estate planning, criminal record expungements, divorce, He’s just a phone call away.

Sign up here for Zach’s monthly newsletter to be sure you never miss an article from Miller Law.

 

#realestatelawindianapolis #realestateattorneyjacksoncounty #attorneybloomingtonindiana #attorneycolumbusindiana #attorneyseymourindiana #realestatelawyerindiana

How Long Do I Have to File a Personal Injury Claim in Indiana?

Posted on by Riley

personal injury claimYou’ve been hurt in an accident that wasn’t your fault. At first, you thought you might be okay. You did your best to get back to normal after the accident. You tried to go back to work–to resume your normal activities. All you want to do is put this whole mess behind you. But that’s just not working. You’re still in pain. A lot of it. Life is not the same as it was before, and you’re afraid that the aftermath of this accident is going to affect you for years to come. You’re wondering if it’s too late to file a personal injury claim. How long do you have?

States have varying laws when it comes to personal injury claims. In the state of Indiana, the statute of limitations to file most personal injury claims is two years. But if you happen to have been in an accident involving a government entity–a city, county or state employee, for example–you have only 90 days!

How do you know if your injuries are serious enough to file a personal injury claim and how do you avoid missing your window of opportunity to be compensated for your injury and loss before it’s too late? Here are some things to consider if you’re wondering when you should file a personal injury claim in Indiana.

Don’t leave it in the hands of insurance agents.

At the end of the day, insurance claims representatives don’t work for you. They work for a company that has an eye on their bottom line, and it’s not in their best interest to settle your insurance claim too quickly, nor will they be inclined to grant you extra damages for your pain and suffering. You need an experienced personal injury attorney to fight for the compensation you deserve and ensure that the clock doesn’t run out before your claim is settled.

Think about the future.

You may have found ways to “live with” your injury at this point. Maybe you’re parking your car closer to work or have received some consideration at work for a lighter load. Perhaps a significant other, family or friends have taken over some of your previous household duties. But you can’t expect the special treatment to continue long terms. So you must think about how your injuries will affect your ability to make a living five or ten years from now? What if you lose your job and can’t get another one because of your limitations? Don’t get complacent in your current situation. If you’re not 100 percent in the months that follow the accident, and you haven’t filed a personal injury claim yet, don’t jeopardize your future. Get help right away from a personal injury attorney you can trust.

Consider the process.

A personal injury lawsuit can take as long as two years to be settled. In the meantime, you still have bills to pay and day-to-day responsibilities to attend to. If your injury has caused you to adjust your schedule or work shorter hours, even temporarily, that shortfall is going to catch up with you sooner rather than later. If you realize that you need to be compensated for that loss, but haven’t started the process yet, it could be years before you see that compensation. That’s why it’s best to speak to a personal injury attorney as as soon as possible after your accident, so you’re not starting from scratch after you’re already behind the eight ball.

Get a fighter on your team.

When you’ve been hurt in an accident, you need to focus on taking care of yourself and healing. You probably don’t have the time or emotional energy to fight for what you deserve. That’s why it’s so important to get a fighter on your team, before it’s too late to make things right.

If you live in Jackson County, in or near southern Indiana or central Indiana, and need the services of a trusted, compassionate and experienced personal injury attorney, contact Zach Miller today. His offices are in Brownstown, Indiana and he serves clients in Indianapolis, Bloomington, Columbus, Jeffersonville and Seymour, as well as neighboring towns. Zach can also help with other legal matters, like estate planning, criminal record expungements, divorce, He’s just a phone call away.

Sign up here for Zach’s monthly newsletter to be sure you never miss an article from Miller Law.

 

#personalinjuryindianapolis #personalinjuryjacksoncounty #attorneybloomington #attorneycolumbusindiana #attorneyseymourindiana #personalinjuryclaimIndiana

Three Things to Consider When Choosing the Executor of Your Estate

Posted on by Riley

When you can no longer make or carry out your own decisions, who will do those things on your behalf? During the estate planning process, one of your most important considerations is choosing the executor of your estate. The first step when starting to plan your estate should be consulting with an experienced attorney. Once you have met with a qualified lawyer, you can work with them to get the affairs of your estate in order, and they can advise you about choosing an executor.

The executor of your will is the person who, upon your death, manages every part of your estate. Their responsibilities include: accounting for all your assets and liabilities, working with the courts to have your will processed and filing all of the taxes associated with your estate.

Because the job of being an estate executor is complex and difficult, it’s important that you choose someone you can trust and ensure that they’re willing to take on the responsibility of seeing your final wishes through. Here are three things to consider when determining who should be the executor of your estate.

  1. Consider responsibility. Possibly the most important attribute you should look for in the executor of your estate is responsibility. Estate administration is meticulous by nature, and when it comes to estate execution, the devil is oftentimes in the details. Executors are responsible for major tasks, such as the distribution of assets to their beneficiaries as well as minor details, like cancelling credit cards. These tasks can sometimes take more than a year to complete. Be sure to only consider individuals who are responsible enough to diligently and successfully navigate the complex and lengthy execution process.
  2. Consider choosing a trusted non-family member. You might feel compelled to name a family member as the executor of your estate, but this may not be the wisest decision. There are certainly many members of your family that you would trust to do the job, but that doesn’t mean they would be up for it. Families working through the grieving process are often too emotionally compromised to handle the intensity of estate execution. It may not be fair to ask a family member to deal with the pain of your loss while also navigating the family friction that estate execution can sometimes cause.
  3. Consider choosing someone with expert knowledge. Upon your death, your estate executor will be responsible for filing your income taxes, paying any outstanding bills and filing probate papers with the court, along with a host of other tasks. These duties are complicated and require a working knowledge of the legal system and the tax system. To make sure that all the complex details of your estate are carried out, and all due diligence is given to your estate’s legal requirements, you should choose an executor with as much experience and knowledge in these areas as possible.

Choosing an executor who is able to make and carry out decisions on your behalf and who can fulfill all due diligence in the processing of your estate is a major milestone in your estate planning. It is undeniably difficult to have discussions in regards to end-of-life matters, but tackling the issue directly is the easiest way to alleviate the stress of it. Once your estate matters have been carefully planned out with the assistance of a trusted, experienced estate planning attorney, you will find comfort in knowing that your wishes will be competently and completely carried out.

If you are a resident of Brownstown, Indianapolis, Seymour, Bloomington, Columbus, Jeffersonville or any other city or town near Jackson County, Indiana and are in search of a qualified and trusted estate executor, you can turn to Miller Law. Zach Miller is an experienced, knowledgeable and compassionate estate planning attorney, ready to help you make these important decisions and increase your peace of mind.

Want to make sure you never miss an article from Miller Law? Sign up for the monthly newsletter here.

#estateplanningindianapolis #estateplanningattorneyjacksoncounty #attorneybloomington #attorneycolumbusindiana #attorneyseymourindiana

It’s Never too Early to Begin Planning Your Estate

Posted on by Riley

estate planning

BE PREPARED–The Boy Scouts of America hold this motto at their core, and it’s great advice for non-scouts as well. Life has a way of throwing unexpected events at you such as personal injury and divorce (which might result in the need for a name change). The question isn’t if any unforeseen life events will occur, but if you and your loved ones will BE PREPARED for them.

When it comes to making your end-of-life plans and preparing your estate, you will consult with an experienced estate planning attorney to put your plans on paper. Currently, only 55 percent of U.S. adults have a will. Of those Americans with a will, over 90 percent are over age 60. While it’s true that it’s better late than never to make a plan, it’s wise to make sure that you meet with a qualified estate planning attorney to begin estate planning as soon as possible. The estate planning process can take a while, so it’s advisable to start it at a time when you’re healthy and not in immediate need of a will. Getting started with the estate planning process can help you and your family overcome the hardship of life’s unexpected events in many ways. Here are four benefits to estate planning: Continue reading “It’s Never too Early to Begin Planning Your Estate”

Criminal Record Expungements in Indiana

Posted on by Riley

If a momentary lack of judgement or just a simple mistake has left you with a criminal record and in need of a criminal lawyer in the state of Indiana, you should consider seeking an expungement. A full expungement actually erases your criminal record. Full expungements are only possible if you were arrested but never convicted of a crime.

Clearing your name allows you to move past your mistakes and start living your life again.  An experienced expungement attorney can surely answer any questions you might have about this topic, but here’s an overview of what you need to know before seeking an expungement in Indiana.

Continue reading “Criminal Record Expungements in Indiana”

Do I Need a Criminal Lawyer?

Posted on by Riley

lawyer seymour indiana

Sometimes bad things happen to good people. And sometimes you just get involved in something you shouldn’t have. Either way, there may come a time when you find yourself in a circumstance that leaves you wondering, “Do I need a criminal lawyer right now?”

When you’re searching for a general practice attorney for issues like estate planning, family law, divorce, real estate transactions, probate concerns or business litigation, you have a little time to shop around. Most folks don’t have a lawyer on speed dial for emergencies. But it’s a good idea to do a little research into attorneys near you so if you find yourself in an unexpected legal situation, you’re not scrambling to find representation when you need it immediately. Here are some situations in which it’s better not to try to go it alone, and instead make a phone call to an attorney you can trust.

Continue reading “Do I Need a Criminal Lawyer?”

Planning a Name Change After a Divorce in Indiana: FAQs

Posted on by Riley

Navigating the rocky waters of divorcename change is stressful. Your life has taken an unexpected turn, and you’re faced with choices you never thought you’d have to make–like whether to sell the home you’ve shared or try to find a way for one of you to stay in it. If you have children, negotiating custody issues can be emotionally draining for everyone and planning a name change just adds to your stress. There are many other legal issues that will arise during the time between the time you file for divorce and the time it’s final.

If you took your spouse’s name when you got married, deciding whether or not to change it back can be among the most personal choices you’ll face. During this time when your emotions are running high, it’s important to understand the facts about name changes before you decide what to do. Let’s take a look at some of the most commonly asked questions regarding name changes with divorce in the state of Indiana.

Q: Is my name change automatic when my divorce in Indiana is issued?

A: No, it’s not.

You must petition for your name change during the proceedings. Indiana law allows for a woman to restore her maiden name (or even a previous married name) when the decree of dissolution is entered, but the name change is not automatic. If you have requested restoration of a previous last name, your changed name takes effect when the divorce decree is issued. That decree will serve as proof of ID for the license branch, your creditors and places you’re not even thinking of yet, so keep it handy.

Q: Does it cost anything extra to change my name during a divorce in Indiana?

A: No, it doesn’t, provided you request the name change prior to the divorce decree being finalized.

While you might have to pay a small administrative fee for copies of your divorce decree, there is no extra charge from the courts for a name change. (And it’s a good idea to pay for at least one extra copy of the decree, as it will be your official proof of identity immediately following the divorce.)

Q: If I change my name through my Indiana divorce, can I change my kids’ names too?

A: Not necessarily, but it’s possible.

The courts have long held the (somewhat archaic) belief that the father of the children has a right to insist that the children keep his name, as long as he continues to fulfill his parental duties. However, some courts are taking a more modern approach to this issue and area considering what might be in the children’s best interests. They’ll weigh issues like the age of the children, the strength of their relationships with both parents and the potential benefits and negative impacts that a name change might bring to the children’s lives. Custody issues will also be factored in. Consult your Indiana divorce attorney for guidance on this.

Q: If I didn’t request a name change during my divorce, can I still do it later?

A: Yes, but it’s not as simple.

In certain circumstances, you may be able to obtain your name change using your divorce decree without filing a special petition. If not, you’ll have to file a petition in the local circuit court, prove you’re a US citizen, describe any criminal convictions you’ve had and publish your petition in the local newspaper once per week for three weeks, 30 days prior to the hearing. That’s a lot of hoops to jump through post-divorce, so you should consider your choice carefully prior to your divorce being finalized. Don’t allow the emotions of the moment override your best judgement, and trust the advice of your family law attorney who can help you weigh the pros and cons of your name change.

Q: How do I choose the best divorce attorney in Indiana to help me navigate my name change and other issues in my divorce?

A: Do your research, check references and look for experience, compassion and approachability.

Finding a compassionate, experienced divorce attorney in Indiana who will take the time to listen to your concerns, consider your best interests and help you see the big picture of what your life will look like once you get past this time in your life is invaluable. If you live in southern Indiana, interview several divorce attorneys throughout the areas of Seymour, Brownstown and Columbus before you make your choice. Remember that the big names don’t necessarily mean the best choice. You’ll be spending a lot of time and confiding very personal information with your attorney, so make sure you’re working with someone you like. Don’t make any decisions about your name change, custody issues, real estate matters or anything else related to your divorce until you have a trusted divorce attorney by your side.

About Miller Law

Zach Miller is a private practice attorney in Brownstown, Indiana who serves southwestern and central Indiana communities including Indianapolis, Seymour, Bloomington, Columbus and Jeffersonville and other cities and towns throughout Jackson County. Zach serves clients in family law and personal injury cases as well as other areas, including criminal law, probate law, business litigation, real estate law and general legal counsel. Zach prides himself on creating personal relationships with his clients and delivering one-on-one service. He lives and works in the community he serves. Keep up with the latest news from Zach by subscribing to his newsletter.

Seven Common Questions About Filing for Divorce in Indiana

Posted on by Riley

divorce attorney

Divorce isn’t something we want to have to think about, but there may come a time when it’s inevitable. If you live in southern Indiana and you’re considering filing for divorce, you may have lots of questions. You’re not alone. Here are some commonly asked questions to help you sort things out.

Continue reading “Seven Common Questions About Filing for Divorce in Indiana”

Five Qualities to Look for in a Personal Injury Attorney

Posted on by Riley

Personal Injury Attorney

Being seriously injured or losing a loved one in an accident is devastating and overwhelming. If you or your family member has become disabled or can’t work as a result of someone else’s negligence, you might be thinking of talking to a personal injury lawyer and wondering if you have a case. You’ve seen billboards and television commercials where big name attorneys tell you they’re the ones who can get you biggest settlement. It can be difficult to cut through the clutter. Who you can trust to handle your case with compassion and integrity while fighting for the settlement you deserve? Choosing the right personal injury attorney from the start, before you talk to the insurance companies, will increase the chances that you get the outcome you’re hoping for. When you’re interviewing personal injury attorneys, look for the following qualities:

Continue reading “Five Qualities to Look for in a Personal Injury Attorney”

Three Factors to Consider if You Think You Might Have a Personal Injury Claim

Posted on by MIller

personal injury You’ve been in a serious accident that wasn’t your fault and now you can’t work. Or perhaps you’ve lost a loved one due to someone else’s negligence.  Either way, bills are piling up and you’re not sure what to do. Your friends and family might be saying that you should pursue a personal injury claim, but there’s conflicting information about the process and you don’t know what to believe. You might be feeling overwhelmed or unsure if a personal injury suit is possible in your situation. Here are three things to consider if you’re wondering if you have a personal injury claim:

  1. You must have personal injury– not just property damage. Personal injury is defined as injury to a person’s body, mind or emotions. In order to have a viable personal injury claim, you must have suffered serious physical injury and/or emotional distress. While it’s certainly financially devastating to have your vehicle totaled or otherwise suffer the loss of valued personal property, personal injury suits are meant to help those who have suffered debilitating personal injuries that prevent them from going to work for an extended period of time or cause disfigurement, disability or death.
  2. You must be able to show negligence. Accidents happen and sometimes it’s difficult to determine fault. This is where having a skilled attorney on your side is really useful. If you were badly injured in an accident but can’t prove that the other driver was at least 50% negligent (for, example, texting while driving, driving under the influence or driving in a reckless manner,) it will be difficult to prevail in a personal injury suit.  But keep in mind, that in Indiana, you can still receive compensation even if the accident was partially your fault.
  3. You must have recoverable damages. In order to have a viable personal injury claim, you must be able to prove that you were in fact seriously injured. Serious injuries are proven through medical bills. Recovering medical costs is only part of what you are entitled to recover as a victim of someone else’s negligence. You can also recover money for lost wages, pain and suffering. These are called compensatory damages. In cases of extreme negligence, punitive damages may also enter the equation. Punitive damages are awarded in addition to compensatory damages at the court’s discretion as punishment when the defendant’s behavior is considered to have been especially harmful.

personal injury Personal injury lawsuits shouldn’t be taken lightly. They take time and money to pursue. However, if another person’s negligence has caused you to be seriously injured in an accident, or lost a loved, you should strongly consider seeking justice and compensation. Most personal injury attorneys will give you a free consultation and let you know if they think you have a case. Make sure you do a little research first and check out their references from previous clients to be sure you’re working with someone you trust. You’ll most likely only have one opportunity to present your case, so it’s important to choose wisely.

 

About Miller Law

Zach Miller is a private practice attorney in Brownstown, Indiana who serves southwestern and central Indiana communities including Indianapolis, Seymour, Bloomington, Columbus and Jeffersonville. Zach specializes in personal injury law, but also serves clients in other areas, including criminal law, family law, probate law, business litigation, real estate law and general legal counsel. Keep up with the latest news from Zach by subscribing to his newsletter

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Zach prides himself on creating personal relationships with his clients and delivering one-on-one service. He lives and works in the community he serves.