Altman, Poindexter & Wyatt LLC Altman, Poindexter & Wyatt LLC 2026-08-18T08:16:51Z https://www.apwlawyer.com/feed/atom/ WordPress /wp-content/uploads/sites/1103635/2024/01/cropped-Altman_Poindexter_Wyatt_Site_icon-32x32.png On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[When does a trust need its own tax identification number?]]> https://www.apwlawyer.com/?p=47703 2026-08-18T08:16:51Z 2026-08-18T08:16:51Z The trust becomes irrevocable A revocable trust generally needs its own EIN when it becomes irrevocable. This often happens after the grantor dies, when you can no longer change or cancel the trust. The trust may continue holding assets for beneficiaries, but its tax treatment has changed, so you may need a separate EIN to report its income.

The trust becomes a separate taxpayer

A trust needs an EIN when the IRS no longer treats you as the owner for federal tax purposes. If the trust remains a grantor trust, you generally report its income under your Social Security number instead of filing under a separate EIN. Once the trust becomes a separate taxpayer, you must report its income under the trust's EIN. This is why an irrevocable trust does not automatically require an EIN simply because it is irrevocable. The trust's tax classification is what matters.

A new trust is created with estate funds

A trust created with estate funds generally needs its own EIN rather than using the estate's EIN. The important distinction is that you have moved the money into a new trust with its own tax reporting requirements. If you are administering an estate and creating a trust for a beneficiary, address this before the trust begins receiving income.

A living trust becomes a testamentary trust

A living trust that becomes a testamentary trust needs a new EIN. This can happen after the grantor's death when the estate plan directs the trust to continue under testamentary provisions. The change matters because the trust no longer receives the same tax treatment it had while the grantor was alive.

Check the trust's tax status

Before applying for an EIN, look at the trust's terms and determine how the IRS classifies it for federal tax purposes. If you are administering a trust after the grantor's death or dealing with a change in the trust's structure, legal guidance can help you determine what tax identification and filing requirements apply. Getting the trust's tax reporting right from the start can save you from having to untangle it later.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[Double trouble: 4 common myths about first-time OWIs in Indiana]]> https://www.apwlawyer.com/?p=47701 2026-07-07T11:46:44Z 2026-07-22T07:00:24Z A first arrest for Operating While Intoxicated (OWI) can have you replaying every decision that led to that moment while wondering what comes next. Should you refuse the chemical test? Is it better to plead guilty right away? Will a first OWI disappear if you stay out of trouble? In the hours and days after an arrest, it is easy to latch onto advice from friends or stories shared online. Unfortunately, acting on the wrong information can create a second set of problems. Common OWI myths often lead people to make decisions that bring harsher consequences than they expected, turning one mistake into double trouble.

1. "A first OWI is just a minor mistake"

Many people underestimate the consequences of a first OWI.  But, Indiana law treats impaired driving seriously, even for first-time offenders. Depending on the circumstances, a conviction may lead to fines, license suspension, probation, alcohol education programs or even jail time. Certain factors, such as a high blood alcohol concentration, causing an accident or having a child in the vehicle, can increase the penalties.

2. "Refusing a chemical test means the prosecutor has no case"

Some drivers believe refusing a chemical test makes it impossible to prove they were impaired. That is not how Indiana law works. Refusing a certified chemical test may trigger an automatic driver's license suspension under Indiana's implied consent law. Prosecutors may also rely on other evidence, including an officer's observations, field sobriety tests, witness statements and video footage, when building a case.

3. "Pleading guilty right away is the quickest way to move on"

Wanting to put the experience behind you is understandable. However, pleading guilty before fully understanding the charges and possible consequences can limit your options. An OWI conviction may affect employment opportunities, professional licensing, insurance premiums and the penalties for any future offenses. Taking time to understand your legal options can help you make a more informed decision.

4. "A lawyer is only necessary for repeat offenders"

Some people think hiring an attorney is unnecessary after a first OWI. In reality, every case deserves careful attention. An attorney can review whether law enforcement followed proper procedures, evaluate the strength of the evidence and explain possible defense strategies. Having experienced legal guidance can help you understand your rights and avoid mistakes that could affect the outcome of your case. A first OWI is stressful enough on its own. Avoiding common myths can help you make better decisions and prevent unnecessary complications along the way.

Move forward with reliable information

One mistake does not have to define your future, but the choices you make after an OWI can have lasting consequences. If you are facing a first OWI in Indiana, getting reliable legal guidance early can help you separate fact from fiction before common myths shape important decisions. ]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[What unmarried parents should know about custody?]]> https://www.apwlawyer.com/?p=47699 2026-06-28T23:05:20Z 2026-06-28T23:05:20Z Establishing legal parentage comes first You must establish legal parentage before the court can decide custody, parenting time, or child support. If both parents agree, they may establish paternity by signing a voluntary acknowledgment. In other cases, the court may order genetic testing to determine parentage. Once you establish legal parentage, either parent may ask the court to issue custody and parenting time orders.

How Indiana courts decide custody

Indiana courts do not automatically favor one parent over the other. Instead, judges evaluate the facts of each case and make decisions based on the child's best interests. The court may consider factors such as:
  • The child's age and developmental needs.
  • Each parent's relationship with the child.
  • Each parent's ability to provide a safe and stable home.
  • The child's adjustment to home, school, and community.
  • Any history of domestic violence or substance abuse.
These factors help the court determine both legal custody and the parenting time schedule that best supports the child's well-being.

Parenting time and placement

Many parents create a parenting plan through negotiation or mediation. A well-designed parenting plan can establish clear expectations and reduce future conflicts. A parenting plan often addresses:
  • Parenting time schedules
  • Holiday and vacation arrangements
  • Transportation responsibilities
  • Communication between parents
  • Decision-making authority for education, health care, and other important matters
If parents cannot reach an agreement, the court will establish a parenting arrangement based on the evidence presented.

Why legal guidance can help

Custody cases involving unmarried parents often raise questions about parentage, parenting time, and decision-making authority. Addressing these issues early can help avoid misunderstandings and reduce future disputes. An experienced Indiana family law attorney can explain your rights, help establish legal parentage when necessary, negotiate a parenting plan, and advocate for your interests if your case proceeds to court. If you are an unmarried parent in Carmel, seeking legal guidance can help you understand your options and pursue a custody arrangement that supports your child's best interests while protecting your role in your child's life.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[What should you know about spousal maintenance in Indiana?]]> https://www.apwlawyer.com/?p=47697 2026-05-28T09:58:12Z 2026-05-28T09:58:12Z When might spousal maintenance be awarded? Indiana law recognizes specific situations where spousal maintenance may be appropriate. If you or your spouse has a physical or mental disability that prevents you from supporting yourself, the court may order maintenance during this time. This type of support focuses on real need rather than simply keeping up a previous lifestyle. Another scenario involves rehabilitative maintenance. If you do not have enough property to meet your needs and you need education or training to find suitable employment, you might be eligible for support. However, courts typically limit this to three years from the date of the final decree. If you lack sufficient property to provide for your needs and are the custodian of a child whose physical or mental incapacity requires you to forgo employment, you may qualify for a distinct category called caregiver maintenance. Unlike rehabilitative support, caregiver maintenance is not capped at three years and can be ordered for as long as the court deems appropriate.

What factors do courts consider?

Indiana courts consider several factors when deciding spousal maintenance cases. Your education level, work experience and time away from the job market may all play important roles. The court may also review the financial resources of both parties and the time you need to get enough education or training to find a job. The length of your marriage can also affect the court's decision. If you gave up career opportunities to support your spouse's education or career growth, this might matter in your case. Each situation is different, and judges have freedom in deciding what is fair and reasonable.

Moving forward with your case

If you believe spousal maintenance might apply to your situation, gathering documentation about your financial circumstances, employment history and educational background could be beneficial. Being prepared and informed can make a significant difference as you navigate this challenging process.  ]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[What counts as probable cause for an arrest in Indiana?]]> https://www.apwlawyer.com/?p=47695 2026-04-30T15:14:24Z 2026-04-30T15:14:24Z How do police establish probable cause? Probable cause exists when an officer has enough facts to believe a crime has occurred or is taking place. In Indiana, courts evaluate probable cause based on the totality of the circumstances. This standard applies whether police seek a warrant from a judge or carry out a warrantless arrest on the street. However, challenging an arrest made with a warrant means contesting the facts laid out in the written affidavit. For example, an officer who smells alcohol on a driver and notices an open container in the vehicle may have probable cause for an operating while intoxicated arrest. Each observation alone might not be enough, but together they create a reasonable basis to believe a crime occurred.

What makes reasonable suspicion different?

Reasonable suspicion and probable cause are related but distinct legal standards. Reasonable suspicion is a lower bar that allows an officer to briefly stop and question you. Probable cause, on the other hand, is what the law requires for a full arrest or search. An officer needs only reasonable suspicion to conduct what is known as a Terry stop, which is a brief detention for questioning. This might involve pulling you over for a traffic violation or stopping you on the street based on specific facts that suggest criminal activity.

When can you challenge an arrest in court?

If an officer escalates a routine stop into an arrest without first establishing probable cause, your defense can file a motion to suppress. This legal tool argues that because the arrest itself was unlawful, the judge must exclude any resulting evidence from the case. A judge will then review the facts available to the officer at the time of the arrest. The analysis focuses entirely on what the officer knew then, not what police discovered afterward. Challenging probable cause does not always lead a judge to dismiss the case entirely, but it can shift the balance of your defense in a meaningful way. If the court suppresses key evidence, prosecutors may lose their foundation. That can open the door to more favorable plea agreements or a reduction in the original charges.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[Can your career impact custody in Indiana?]]> https://www.apwlawyer.com/?p=47691 2026-03-31T11:04:32Z 2026-03-31T11:04:32Z Ending a marriage can be one of life’s toughest challenges, especially when children are involved. And for working parents and non-primary caregivers, questions about how a career or work schedule might affect custody can add extra stress. Indiana courts focus on the child’s best interests, but a parent’s job can sometimes influence decisions about parenting time. Knowing how employment may factor into custody can help families make thoughtful decisions for their children.

How courts consider career and custody

Indiana judges focus on what is best for the child. A demanding career does not automatically prevent a parent from getting custody. However, courts do look at how a parent’s job affects their time with the child, especially when daily routines and consistency come into question. For instance, jobs with long or unpredictable hours, frequent travel or high stress may lead courts to adjust how parenting time is scheduled to better support the child’s needs. Employment can also matter in other ways. A parent with a steady schedule and reliable childcare can provide more consistency. Financial stability may be considered, but it is never more important than the child’s needs. Courts balance these factors to ensure the child has a safe and stable environment.

Other factors that influence custody

Career is just one factor among many. Judges also weigh:
  • The child’s relationship with each parent and siblings
  • Each parent’s mental and physical health
  • History of domestic violence or abuse
  • The child’s adjustment to home, school and community
  • Each parent’s willingness to support the child’s bond with the other parent
These factors work together to create custody arrangements that focus on stability, safety and the child’s emotional well-being. Being flexible, communicating openly, and planning carefully can help parents manage these decisions with less stress.

Protecting parental rights while prioritizing the child

Divorce and custody matters are complex and unique for every family. An experienced Indiana family law attorney can guide parents through the process. Legal support can protect rights and help families create arrangements that serve the child’s best interests. By understanding how career and other factors affect custody, parents can make informed decisions and approach the process with confidence.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[5 estate planning do’s and don’ts to protect your family]]> https://www.apwlawyer.com/?p=47689 2026-02-24T12:26:53Z 2026-02-24T12:26:53Z When thinking about estate planning, it’s easy to get lost in the overwhelming number of things to consider; trusts, wills, powers of attorney, beneficiary forms. But creating a plan for the future doesn’t have to feel like a huge burden. The goal is simple: protect your family, make your wishes clear, and reduce stress later. Here’s a quick list of what to do and what might not be the best move for your plan.

1. Do create a will that truly reflects your wishes

A will is your voice after you’re gone. Make sure it’s comprehensive: name guardians for minor children, detail how property should be divided and include personal items with sentimental value. In Indiana, a properly executed will should be witnessed and notarized as a self-proving affidavit, making it easier to admit to probate. 

2. Don’t ignore beneficiary designations

Accounts like life insurance, retirement funds and payable-on-death bank accounts pass outside your will. Forgetting to update these can undo even the most carefully planned estate. Review and adjust beneficiaries regularly, especially after major life events, so your intentions match reality.

3. Do consider a trust for specific needs

A trust can simplify the process for your loved ones by helping them avoid probate and manage assets more smoothly. For many Indiana families, a revocable living trust allows property, accounts and personal belongings to pass without court involvement which can take between six to twelve months. This saves time and reduces stress. Trusts are also highly flexible and customizable, letting you set clear rules for how, when and under what conditions assets are distributed. This added control can be especially helpful if you have children or beneficiaries who may need guidance, or if you own real estate in more than one state.

4. Don’t put off powers of attorney and healthcare directives

Financial powers of attorney and healthcare appointments let trusted individuals make decisions if you become incapacitated. Delaying these documents can leave your family uncertain during critical moments and may create unnecessary stress or conflict.

5. Do communicate your plan with loved ones

Open conversations prevent surprises and disputes. You don’t need to share every detail, but clearly explaining your intentions gives family members understanding and reassurance. Taking these steps helps safeguard your family and honor your legacy.

A plan built around you and your family

Estate planning is deeply personal, and no two plans look the same. Reach out to an Indiana estate planning attorney to create a plan tailored to your circumstances and compliant with state law.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[Indiana expungement options after a first OWI offense]]> https://www.apwlawyer.com/?p=47687 2026-01-29T14:38:10Z 2026-01-29T09:28:46Z Facing a case of operating a vehicle while intoxicated (OWI) for the first time can feel like your record will follow you forever. You may worry about jobs, insurance and personal opportunities. The good news is Indiana law offers paths to clear your record, giving you a fresh start. Knowing your options early can make the process smoother and protect your future.

Eligibility for expunging a first OWI

Not every OWI can be expunged in Indiana, but many first-time offenses may qualify. Indiana has a law called the Second Chance expungement statute. It lets people ask the court to seal or remove certain misdemeanor and lower-level felony convictions after a set waiting period, as long as you meet all the other requirements. A misdemeanor OWI often becomes eligible 5 years after the conviction. To qualify, you must not have any new convictions or pending charges. You must also pay all fines, fees, court costs, restitution and the filing fee. More serious OWIs may need 8 years or more before filing. These cases also require that all court obligations and fines are satisfied and that no new convictions occurred.

Steps and considerations for clearing your record

Expunging a case of OWI involves a few key steps that can improve your chances of success. Working through them carefully ensures you do not miss critical requirements. You may consider the following:
  • Filing the correct petition with the court within the required timeframe
  • Attending any mandatory alcohol education or treatment programs
  • Completing probation or paying fines as ordered by the court
  • Requesting a hearing where a judge reviews your eligibility
  • Providing evidence of good conduct since your conviction
Following these steps can make your petition stronger and help the court see your commitment to moving forward. Consulting with a legal professional can also guide you through the process and help avoid common pitfalls.

Moving forward with a clean slate

Clearing a first-time OWI record can improve job opportunities, lower insurance costs and restore personal confidence. The process can feel complicated, but knowing your options and taking careful steps can make a meaningful difference. ]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[3 common misconceptions about divorce in Indiana]]> https://www.apwlawyer.com/?p=47685 2025-12-29T15:19:36Z 2025-12-29T15:19:36Z Misconception: Everything is always split 50/50 Many people think the court will take everything you own and divide it exactly in half. While Indiana judges usually start by looking at a 50/50 split, they actually want the final result to be equitable. A judge might decide that a different split is fairer after looking at:
  • The financial situation of each person
  • What each person did to help the family, such as staying home to raise children
  • The conduct of each person during the entire marriage regarding the wasting or giving away of property
This means the court looks at the big picture of your life to decide what a fair outcome looks like for you.

Misconception: Custody always favors the mother

A common myth is that Indiana law automatically favors the mother when deciding where the children will live. However, Indiana law does not pick a favorite parent based on gender. Instead, the court looks only at the best interests of the child. When making this choice, a judge must consider:
  • The wishes of the parents and the child
  • The child’s relationship with parents, siblings and other family
  • The child's adjustment to their home, school and community
  • Evidence of a pattern of domestic or family violence
The goal is to make sure the child stays healthy and connected to both parents in a safe environment.

Misconception: You keep everything you owned before marriage

You might think that you automatically keep a house or car you bought before your wedding day. However, Indiana uses a one pot rule. This rule brings everything owned by either person into one big group for the court to divide. This includes property you brought into the marriage and things you bought after the wedding. All property is part of this marital estate unless a valid prenuptial or postnuptial agreement protects it. While a judge can decide to let you keep a specific item you owned before the marriage, they must look at everything in the pot first. This prevents any marital asset from being hidden or ignored at the start of the process.

Moving forward with clarity

The choices you make during a divorce will affect your life for a long time. Every family is different, so it is important to understand how these rules apply to your specific situation. If you are worried about your property or your kids, talking to a legal professional can help you get the right information. Having an expert on your side can give you the peace of mind you need to start your new chapter.]]> On Behalf of Altman, Poindexter & Wyatt LLC <![CDATA[What is the ideal age to create an estate plan?]]> https://www.apwlawyer.com/?p=47683 2025-11-24T19:19:39Z 2025-11-24T19:19:39Z Estate planning is a near-universal need. Almost everyone might benefit from addressing their legacy and situations in which they could be legally or financially vulnerable. However, most people view estate planning as unpleasant, which prompts them to procrastinate.  A newly-married individual might decide they don't need to plan for the protection of their spouse and may choose to wait until they have children. New parents may tell themselves that they are not yet done growing their families, so they should wait until they stop having children. With so many reasons to wait, many people never sit down to establish estate plans and may die without documents in place. They may also experience emergencies that leave them vulnerable without advance planning. When is the best time to begin the estate planning process? 

Even new adults need documents

If people wait until their lives are completely calm, they may never draft a will or any other estate planning paperwork. The best time to create an estate plan is generally as soon as possible. Those who have just turned 18 actually benefit from estate planning.  Once teenagers become adults, their parents no longer have access to their medical records, decision-making authority or the right to manage their financial resources. If a young professional or college student ends up in a coma, their parents may not be able to help them.  Even those without dependent family members or major assets could benefit from drafting powers of attorney. They can ensure that a trusted individual can make decisions about their medical care and pay their bills.  People who create basic estate plans when they are young can then modify and expand their documents as their needs evolve. The birth of a child, the acquisition of resources, the sale of high-value property, marriage, divorce and the death of loved ones are all scenarios in which reviewing and expanding an estate plan is a smart decision.  Most people need to review and adapt their estate plans after major life events. They may also want to check their documents every few years for outdated terms and omissions. People who create basic documents when they are young and then routinely update them as their circumstances change provide themselves and their loved ones with peace of mind and legal protection.  Those who do not yet have documents in place still have an opportunity to take control of their lives and their legacies. Sitting down with an estate planning attorney can be beneficial for people and all stages of life when they have people who depend on them, assets with value or possible future support needs.]]>