Stipp Law, LLC Stipp Law, LLC 2026-09-07T16:43:50Z https://www.stipp-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1503033/2022/07/cropped-site-icon-32x32.png On Behalf of Stipp Law, LLC <![CDATA[How do beneficiary designations affect your estate plan?]]> https://www.stipp-law.com/?p=46930 2026-09-07T16:43:50Z 2026-09-07T16:43:50Z What beneficiary designations are and how they work A beneficiary designation tells a financial institution exactly who receives a specific asset after you pass, all without going through a lengthy court process. You can add them directly to: These assets transfer directly to your named beneficiary, often within weeks of your passing. This gives your loved ones faster access to the funds they need most. Additionally, the direct transfer saves time, reduces legal fees and provides financial relief during a difficult period.

Common mistakes that create unexpected problems

Even well-intentioned designations create serious problems when left unreviewed. Here are a few common pitfalls:
  • Forgetting to update after life changes: The policy might still name your ex-spouse from 20 years ago as beneficiary
  • Leaving the form blank: When you don't name anyone, your estate goes through probate anyway
  • Misunderstanding "per stirpes": This legal term means your assets go to the beneficiary's children if your original chosen beneficiary dies first and you fail to name a backup
  • Naming minor children directly: Kids can't legally receive large sums, creating court complications
These mistakes happen because life gets busy and forms sit in drawers, forgotten. A simple review every few years prevents these problems.

Why your estate plan needs everything working together

Your beneficiary designations must align with your overall estate plan. If your will says one thing and your beneficiary form says another, the beneficiary designation wins every time. This mismatch creates confusion and sometimes family conflict. When you set up trusts for your grandchildren but forget to coordinate your life insurance, those funds might bypass the trust entirely. Reviewing and coordinating all your estate documents together closes that gap before it causes lasting harm.

Making sure everything works as you intend

Beneficiary designations handle specific accounts, but they can't cover everything you own. Your home, car and personal belongings fall outside their reach entirely. This means you still need other estate planning tools. A comprehensive estate plan addresses all these pieces together. Speaking with an experienced legal professional helps you spot gaps and ensures your whole plan works smoothly. Your family deserves that peace of mind, and so do you.]]> On Behalf of Stipp Law, LLC <![CDATA[What if a company vehicle causes a fatal crash?]]> https://www.stipp-law.com/?p=46929 2026-07-29T20:21:01Z 2026-07-29T20:21:01Z When work duties lead to a fatal crash The purpose of the drive is one factor that may affect whether the employer shares responsibility. For example, the driver may have been making a delivery, visiting a customer or traveling between job sites. Courts also look at the worker’s duties, the employer’s instructions and the amount of control the employer had over the trip. Ownership of the vehicle does not settle the issue by itself. A worker who uses a company vehicle for a personal errand may not be acting for the employer. In contrast, an assigned work trip could link the crash to the business.

How records may show company responsibility

Work records may help explain why the driver was on the road. A schedule, route sheet or dispatch record could show whether the employer assigned the trip. Company vehicle rules might also explain when workers could use the vehicle. Other records may help fill in the details. GPS data could show where the vehicle traveled and when. Messages or receipts might help explain the purpose of the drive. A witness may also know whether the driver was still working when the crash occurred.

Prepare for the next steps

You may not know right away whether the employer shares responsibility for the crash. Learning why the driver was using the vehicle and saving records about the trip could help clarify who was involved. You might consider keeping the crash report and any details you receive about the driver’s job or employer. This information may help your family understand what happened and decide what steps to take next during a difficult time.]]> On Behalf of Stipp Law, LLC <![CDATA[What are the different types of custody in Indiana?]]> https://www.stipp-law.com/?p=46927 2026-06-30T16:15:42Z 2026-06-30T15:53:48Z How do Indiana courts determine custody? Indiana courts look at several factors when deciding custody, including:
  • Your child’s age and sex
  • Your child’s adjustment to their home, school and community
  • The physical and mental health of everyone involved
  • Each of your respective wishes
  • Any history of domestic violence or abuse from either you or your spouse
The court’s primary goal is to create an arrangement that is fair and promotes the child’s stability, safety and overall well-being.

What is legal custody?

Legal custody refers to the right to make major decisions about your child’s upbringing. These decisions can include education, healthcare, religion and general welfare. In Indiana, legal custody can be joint or sole. In joint legal custody, you and your spouse will share the responsibility of making important decisions for your child. This arrangement works best when both of you can communicate effectively and cooperate on key issues involving your children. In sole legal custody, only one of you has the authority to make decisions for your child. Courts may award sole legal custody in cases where joint decision-making is not practical or when conflict between parents would make shared authority harmful to the child.

What is physical custody?

Physical custody concerns where your child lives regularly. Indiana courts emphasize the importance of "parenting time" rather than "physical custody" to highlight the time both parents spend with their child. For instance, if the court awards you primary physical custody, your residence will be the home base where your child will spend most of their time. Your spouse will then follow a parenting time schedule, commonly known as “visitation.” The exact type of custody and parenting time arrangement will depend on your child’s best interests and your respective circumstances.

How does joint custody work in Indiana?

Joint custody usually means that you and your spouse will share responsibility for your child. However, this does not necessarily mean that your child will spend an equal amount of time with each of you. Instead, it means you will share responsibilities in a way that supports your child’s needs and safety.

How does sole custody work in Indiana?

Sole custody means you or your spouse will have primary authority over important decisions or living arrangements, depending on the type of custody being discussed. A court may prefer this structure when one of you is unable to cooperate in a joint arrangement. Custody issues can feel overwhelming, especially when you are trying to do what is best for your child. However, you are not alone on your journey. By seeking the help of legal counsel, they can inform you of your available options and advocate for your rights throughout the entire process.  ]]> On Behalf of Stipp Law, LLC <![CDATA[3 ways writing a will can support your family after your passing]]> https://www.stipp-law.com/?p=46926 2026-06-10T12:13:11Z 2026-06-10T12:13:11Z You can reduce family conflict and confusion One of the most valuable ways a will supports your family is by clearly expressing your wishes regarding your assets and belongings. When you pass away without a will, Indiana's intestacy laws determine how your property is distributed. This might not align with what you would have wanted, and it can create disagreements among family members who may have different ideas about your intentions. Keep in mind that Indiana intestacy laws make no provision for unmarried partners, stepchildren who were never formally adopted, close friends or charitable organizations. This means these individuals or causes may receive nothing regardless of your relationship with them. By documenting your decisions in a will, you remove much of the guesswork and potential for conflict. Your family will know exactly what you wanted, which can bring peace of mind during an already emotional time. This clarity can help preserve family relationships that might otherwise be strained by disputes over your estate.

You can protect your minor children

If you have children under the age of 18, a will allows you to name a guardian who would care for them if something happens to you. Without this designation, an Indiana court would need to decide who should raise your children. Indiana courts give preference to relatives when appointing guardians, typically considering grandparents, adult siblings, aunts, and uncles before non-family members. While the court will consider the best interests of your children, the decision might not match what you would have chosen. Your will gives you the opportunity to select someone you trust who shares your values and parenting philosophy. You can also name an alternate guardian in case your first choice is unable to serve. This provision alone makes creating a will worthwhile for many parents.

You can streamline the probate process

Having a will can make the probate process more efficient for your family. While larger estates in Indiana must go through formal probate administration, estates with probate assets valued at $100,000 or less can avoid the traditional process entirely using a small estate affidavit. A well-drafted will can also help your family avoid unnecessary delays and expenses. When your intentions are documented clearly, there is less room for challenges or complications that could prolong the settlement of your estate. This efficiency means your loved ones can focus on healing rather than navigating complex legal processes during their time of grief.

Taking action to protect your family's future

Creating a will allows you to offer some clarity to the people who matter most to you. By making these decisions now, you can help your family avoid feelings of doubt and focus on supporting one another. Taking this step today can help you guide and protect your loved ones even after you pass away.]]> On Behalf of Stipp Law, LLC <![CDATA[Common ways you may unintentionally harm your child in a divorce]]> https://www.stipp-law.com/?p=46906 2026-05-13T13:06:16Z 2026-05-13T13:06:16Z Speaking negatively about your ex-spouse One of the most damaging things you can do is badmouth your former spouse in front of your child. Your child loves both parents, and hearing negative comments about either one creates internal conflict and confusion. This behavior puts your child in an impossible position where they feel they must choose sides. Even subtle criticism could have lasting effects. Rolling your eyes when your ex-spouse is mentioned or making sarcastic comments sends a clear message to your child. Instead, consider keeping your personal feelings about your former partner private and maintaining a respectful tone when discussing them around your children. Indiana Parenting Time Guidelines generally discourage you from making negative comments about your spouse or allowing others to do so in the child's presence.

Involving your child in adult disputes

Asking your child to relay messages to your ex-spouse or report on what happens at the other parent's house could harm them emotionally. Children should not serve as intermediaries between divorcing parents. This role forces them into adult disputes they may not fully comprehend, which could create anxiety about loyalty. If you must communicate with your co-parent, you may do so through phone calls, emails or text messages. Your child deserves to enjoy time with both parents without feeling like they need to gather information or deliver updates.

Disrupting routines and consistency

Children thrive on stability and predictability. During a divorce, maintaining consistent routines becomes even more important. Frequent schedule changes, missed visitations or unreliable pickup times may increase your child's stress and insecurity. If it is possible, working together with your former spouse to establish and honor consistent schedules could help your child feel safe. This includes maintaining similar rules and expectations between households when possible.

Forgetting to prioritize their emotional needs

Your own emotional struggles during divorce are valid, but sharing too much with your child or leaning on them for support reverses the parent-child relationship. Children need reassurance that both parents will continue to care for them and that the divorce is not their fault. Consider seeking support from friends, family or a therapist rather than confiding in your child about adult matters.

Your actions can protect your child

The way you handle your divorce directly impacts your child's emotional health. By staying mindful of these common pitfalls, you can give your child stability during a period of great uncertainty. Putting your child’s needs first in a divorce may create a strong foundation for healing, growth and maturity.]]> On Behalf of Stipp Law, LLC <![CDATA[Tax evasion vs. tax avoidance: Key differences under federal law]]> https://www.stipp-law.com/?p=46905 2026-04-17T13:29:05Z 2026-04-17T13:25:48Z Tax avoidance is a constitutional right; tax evasion is a federal felony. Both reduce tax liability, but only one involves criminal intent and fraudulent conduct. The IRS and Department of Justice will evaluate your actions, documentation and transparency to determine which category your conduct falls into. When you are under investigation or already charged, understanding these legal distinctions is essential to building a defense that challenges the prosecution's allegations.

What makes tax avoidance legal

Tax avoidance uses legitimate strategies to minimize what you owe. You can claim deductions, use tax credits and structure business transactions to reduce your financial burden. The law allows you to arrange your financial affairs in ways that result in lower payments. This includes contributing to retirement accounts, timing income and expenses strategically, and taking advantage of legal tax shelters. The key is transparency. When you avoid taxes legally, you report everything accurately and follow the tax code as written.

How tax evasion becomes criminal

Tax evasion requires deliberate fraud. Common forms include:
  • Filing false tax returns with fabricated deductions
  • Hiding income in unreported bank accounts
  • Keeping two sets of books for a business
  • Claiming personal expenses as business deductions
  • Using cash transactions to avoid creating records
  • Transferring assets to conceal ownership
  • Destroying financial records to obstruct investigations
Intent separates mistakes and aggressive tax positions from crimes. Prosecutors must show you acted willfully—that you knew your conduct violated the law and did it anyway. This high burden of proof gives you a vital opportunity to challenge the government's narrative. Tax evasion carries penalties of up to five years in prison and fines of up to $250,000 for individuals. The government must prove you owed funds, knew about the obligation and willfully attempted to evade payment. Indiana residents face federal charges in U.S. District Court, as these crimes fall under federal jurisdiction. State courts may handle related matters, but criminal prosecutions proceed at the federal level.

Defending against "willfulness"

The core of your defense often rests on your intent. If you relied on professional advice or lacked the specific knowledge to commit fraud, you generally did not commit evasion. Evidence of a simple clerical error or a misunderstanding of a new tax law can undermine the prosecution's entire theory. Proving a lack of intent can lead to a dismissal or a reduction to a civil penalty. The government has massive resources to build a case against you. You must act quickly to protect your rights and your freedom.]]> On Behalf of Stipp Law, LLC <![CDATA[Do you have to pay child support if you are unmarried in Indiana?]]> https://www.stipp-law.com/?p=46903 2026-03-05T15:07:40Z 2026-03-05T15:07:40Z How do courts establish parentage? If you are not married, you and your partner can sign a paternity affidavit. This way, you can determine the child’s legal father. However, if you do not sign the affidavit, or if someone challenges paternity, either parent or the state can ask the court to make a decision after examining their case and circumstances. The court may also order DNA testing before officially naming the legal father of a child. After establishing paternity, the court may order a parent to pay child support. Indiana requires support orders to follow the Indiana Child Support Guidelines and considers factors such as:
  • Each parent’s income
  • Parenting time
  • Health insurance costs
  • Daycare
Courts also consider other factors and expenses, such as those listed under Indiana Code Section 31-16-6-1. Bear in mind that when it comes to child support, you should not rely on informal agreements. Only a court order controls enforceable child support in Indiana.

Child support does not depend on your marital status

If you are not married in Indiana, you may still have to pay child support once the law establishes you as a parent. After that point, the court applies Indiana’s child support framework and issues an enforceable order. Many parents who are unsure of their rights seek guidance from a legal professional, who can help them navigate complex family laws and decide what to do next.]]> On Behalf of Stipp Law, LLC <![CDATA[How to prove paternity if the mother won’t cooperate]]> https://www.stipp-law.com/?p=46902 2026-02-06T09:18:52Z 2026-02-06T09:18:52Z You can file a paternity case in family court Indiana law allows you to initiate a paternity case even without the mother’s cooperation. Through the court system, you can formally petition for legal recognition as your child’s father. This process begins with filing a verified petition and notifying the other parent, giving you standing that doesn’t exist until paternity is legally established.

The judge can order DNA testing if there’s a dispute

If the mother challenges your claim, the court has the authority to require genetic testing. This is standard in contested cases and does not depend on her agreement to proceed. Once the results confirm biological paternity, the judge can issue an order that makes it official, regardless of her position.

Once you’re legally recognized, you can seek rights

Establishing legal paternity gives you the right to request parenting time, custody and decision-making authority. Until that order is in place, you have no legal access, even if you’ve been involved since birth. The court order changes that, making you a legal parent under Indiana law with rights the court can enforce.

Start the process to gain legal recognition

Filing for paternity gives you the footing you need to move forward, not just to prove who you are but to protect your place in your child’s life. Talking to someone who handles Indiana paternity cases can help you take the right steps without losing time. It’s not just about being recognized; it’s about showing up in a way the law respects.]]> On Behalf of Stipp Law, LLC <![CDATA[What happens if you are partially at fault for a car accident?]]> https://www.stipp-law.com/?p=46901 2026-01-08T15:10:17Z 2026-01-08T15:10:17Z What is the modified comparative fault system? Indiana follows the modified comparative fault system, which refers to the 51% rule. Under this framework, you can only recover damages if your fault is less than 51%. However, even if you qualify for a settlement, the percentage of your fault reduces your total award. For example, a court awards you with $100,000 in damages, but the judge finds you are 20% at fault for the car accident. As a result, your total take-home amount is now $80,000. But what if the other party proves that your fault is 51% or more? Under state law, you are no longer eligible to seek compensation.

What if the other driver is a government employee?

Getting involved in an auto accident with a government employee has stricter rules. Instead of modified comparative fault, this situation follows pure contributory negligence. This means that you can lose the right to recover any damages from a governmental entity if you are 1% at fault.

How is fault determined in Indiana?

Insurance companies and courts assign a percentage of fault to each driver by reviewing evidence, such as:
  • Eyewitness testimony: Neutral third parties can provide an unbiased account of the accident.
  • Police reports: A police report can outline all elements related to the accident.
  • Dashcam and surveillance footage: Video evidence can show who hit first and which traffic laws each driver broke.
Unfortunately, the other driver and their insurance company can try to pin the blame on you. Instead of handling a complex situation on your own, seeking legal counsel can offer the peace of mind you need.]]> On Behalf of Stipp Law, LLC <![CDATA[Protecting what matters: 5 overlooked aspects of estate planning]]> https://www.stipp-law.com/?p=46900 2025-12-15T06:29:21Z 2025-12-15T06:29:02Z Estate planning can feel overwhelming or even uncomfortable to think about. It is natural to put it off, hoping there will be more time later in life. Yet taking the time now to plan thoughtfully can provide peace of mind, protect loved ones and ensure that your wishes are honored. While a will is a vital starting point, a comprehensive plan also considers deeper aspects of life and relationships that are often overlooked. Here are five aspects of estate planning to take into consideration. 

1. Family dynamics can complicate plans

Even a clear will can create conflict. Relatives may interpret decisions differently or feel overlooked. Talking openly about your intentions and considering potential tensions can help prevent disputes and make sure your plan reflects your wishes and your family’s needs.

2. Health decisions are part of estate planning

Planning is not just about what happens after death. If illness or injury leaves you unable to make decisions, family members may be uncertain how to act. Advance healthcare directives and powers of attorney ensure medical and financial choices follow your preferences.

3. Taxes can reduce what heirs receive

Without planning, taxes can shrink your estate. Estate and inheritance taxes or other financial factors may affect what beneficiaries actually get. Professional guidance can minimize surprises and help preserve your legacy.

4. Digital assets need clear instructions

From online accounts to cryptocurrency, digital assets are now part of most estates. Without clear instructions, heirs may struggle to access them. Including guidance for digital property protects these assets and ensures they pass on as you intend.

5. Life changes require updates

Marriage, divorce, births, deaths and career changes can all impact an estate plan. Reviewing and updating documents regularly keeps your plan current and prevents gaps or unintended outcomes. Addressing these five areas creates an estate plan that goes beyond documents to protect both assets and relationships.

Creating a plan that truly matters

Estate planning is more than paperwork; It is a way to care for the people and values that matter most. By thoughtfully addressing family dynamics, health decisions, taxes, digital assets and life changes, you can create a plan that reflects your intentions and eases the burden on loved ones. Seeking legal guidance ensures your estate plan fits your unique situation and provides clarity, protection and reassurance for the people who rely on you.]]>