Dale & Eke

What happens to a solar lease when the landowner dies?

2026-07-15T13:24:52Z

You signed a solar lease that will likely run longer than you will. That is the hard math behind utility-scale solar in Indiana, where agreements can run 30 to 60 years, and the ground you walked as a boy may still sit under panels when your grandchildren inherit it. Naturally you wonder what becomes of that contract once you are gone, and whether your family must honor a deal they never made. Here is how Indiana generally handles a solar lease after a landowner dies.

Solar leases usually continue after a landowner dies

A solar lease generally attaches to the land rather than to you personally, so your death does not cancel it. Signing creates rights in the ground itself, and those rights typically outlast you and bind whoever owns the land next. Most agreements say so plainly, with language binding heirs, successors and assigns. Because long-term solar lease terms often run for decades, developers push hard for that promise, since their financing depends on it. They routinely record a memorandum of lease in the county recorder's office to ensure their rights are public record and legally bind any future owner. The ways out are narrow. A lease may end early if the developer walks away, if you negotiated a right to end it or if some contract condition fails. Short of that, your death is generally not an exit.

Estate representatives manage rent and contract duties

Between your death and the day your land passes on, someone must mind the lease. That job falls to your personal representative, the person a court names to handle your estate, a role many still know as the executor. Under Indiana probate rules on rent, your personal representative takes charge of your real property and collects the rent until the estate closes or the court hands the land to your heirs. So solar payments generally go to your estate first rather than straight to your children. Your representative may also handle developer notices, track rent increases and keep taxes paid. If you use a trust instead, your successor trustee usually does the same work without going to court.

Heirs may inherit land subject to the existing lease

Your children generally inherit the ground with the panels up and the contract signed. They take your place in the agreement and collect the rent, but they also take its limits: on building, on farming those acres, sometimes on drainage or hunting. That mix can wear on a family, because one child may welcome the money while another wanted the ground back in corn. Reviewing common farm transition oversights shows you where trouble is likely to start. Inheriting a lease is not the same as controlling it. Your heirs generally cannot rewrite terms the developer counts on, and they hold only the rights the contract gives them, such as a say in who takes over the lease.

Advance planning prepares the next generation

The lease will outlive you, but whether it splits your family is still up to you today. Talk with your heirs about what the agreement really asks of them, put your wishes for those acres in writing and make sure whoever serves as your personal representative or trustee knows the lease exists and where to find it. If the rent falls unevenly across the ground, your plan can even things out in other ways.

When is charitable giving not allowed?

2026-07-09T14:44:37Z

Charitable giving can be a kind and meaningful way to support people, causes and communities you care about. You may want to give money, property, business interests or part of your estate to a charity that reflects your values. Still, giving is not always simple. In some situations, a charitable gift may be challenged or prohibited. This can happen when a gift creates legal concerns, affects other obligations or does not meet the rules required for a valid transfer.

Good intentions may run into legal limits

A charitable gift may raise issues when it conflicts with duties you already have. Before giving away major assets, it helps to understand when that gift could be questioned. Common situations include:

You are trying to avoid creditors: If you give away money or property to keep it out of reach of creditors, the transfer may be considered improper.
You lack mental capacity: A gift may be challenged if you did not understand what you were giving, who would receive it or how it would affect your finances.
Someone pressured you: Charitable giving should be voluntary. If another person pushed, threatened or manipulated you into giving, the gift may not stand.
The gift harms required family rights: Some states protect spouses or certain dependents from being completely cut out. A charitable gift that ignores those rights may face review.
The charity cannot legally receive the gift: Some organizations may lack the proper status or authority to accept certain assets.
The gift has unclear terms: Confusing instructions can cause delays, disputes or rejection.

Charitable giving works best when your wishes are clear, and your financial responsibilities are considered. If you plan to make a large gift, include charity in your estate plan or transfer valuable property, seeking careful legal support can help protect your intent while reducing the chance of future conflict.

3 estate planning documents that complement wills

2026-06-30T03:50:23Z

A will is the most basic estate planning document. For many people, wills are ultimately the only documents they create. Supplementary documents may be necessary to address matters beyond naming their beneficiaries, selecting a personal representative and identifying a potential guardian for their children. What legal documents are often beneficial additions to wills for people creating or reviewing their estate plans?

1. Advance directives

People never know when they might experience a medical emergency. Particularly when people have chronic medical conditions or specific medical preferences that may not reflect current medical standards, an advance directive explaining their wishes can guide the care they receive when they cannot communicate. They can also appoint an agent to handle their medical matters.

2. Powers of attorney

People may need to designate an agent to handle financial matters, such as paying their bills, monitoring investments or running a small business. Financial powers of attorney (POA) can help ensure that a trusted person can oversee an individual's needs when they become incapacitated.

3. Trusts

There are many scenarios in which a simple will may not adequately address challenging situations. People concerned about disputes within a blended family, those who have beneficiaries in difficult situations and those concerned about either estate taxes or creditor claims may want to consider creating a trust to supplement a will and other documents in their estate plan. The addition of the right documents to an estate plan can protect people in a number of situations and can grant a testator more control over their legacy. Reviewing personal priorities with an estate planning attorney can help people add the right documents to their estate plan.

When is Indiana real estate at risk of condemnation?

2026-06-16T21:33:25Z

People may acquire real estate through inheritance or a direct purchase. They may own their own homes or properties where they operate their businesses. They may also have investment properties that they rent to others or that they hold with the intention of selling later for development as local property values appreciate. People who make their mortgage payments and stay up to date on their taxes typically retain full control over their real properties. However, condemnation is one of the rare scenarios in which people may face a forced sale of their real estate holdings.

When is condemnation a concern?

Indiana state statutes include provisions for the mandatory sale of real estate for upcoming government projects. Eminent domain laws allow for the compulsory sale of property needed to complete projects for public benefit. Government agencies and businesses managing government projects intended for public benefit can condemn real property when owners do not agree to voluntarily sell. Condemnation proceedings require adherence to formal procedures. The condemning authority should negotiate in good faith with the current owner to try to reach an amicable arrangement for the transfer of ownership. If the current owner refuses to sell after receiving an offer, then condemnation proceedings may occur. There are several different ways for property owners to fight condemnation attempts. Possible strategies include contesting the fair market value of the property as established by the condemning authority, questioning the need for the parcel’s inclusion or pushing back on the claim that the project is truly for public benefit. Reviewing a pending eminent domain claim with a real estate attorney can help property owners protect their homes, business facilities and investment properties from seizure, or at least ensure that they receive appropriate compensation, when the threat of a forced sale is at issue.

5 ways to shield your wealth from business risks

2026-06-15T08:59:57Z

Running a business in Indiana brings great pride. However, it also exposes your private wealth to clear risks. A single business mistake can quickly threaten your savings, home and future. Smart owners should establish legal walls early to protect their personal assets from potential business lawsuits.

Form an LLC or Corporation

Operating without a legal shield leaves your personal assets at risk. Creating an LLC or a corporation under Indiana law builds a new entity. This structure limits your liability. Business creditors can only seize company property and this rule keeps your private bank accounts safe.

Establish an Indiana Legacy Trust

The Indiana Legacy Trust Act permits strong wealth trusts. When you choose an Indiana trustee, you build a firm wall against lawsuits. This trust shields your wealth from future business debts. It also allows you to receive trust cash under specific terms.

Utilize Tenancy by the Entirety

If you own a home with your spouse, Indiana law provides a unique defense. Tenancy by the entirety shields your home from individual business debts. Creditors of only one spouse cannot place legal liens on your joint marital property.

Maximize Exempt Retirement Accounts

Indiana law deeply protects qualified retirement plans from creditors. Maximizing your contributions to a 401k or IRA moves your money into a safe place. Business creditors cannot seize these funds. This step preserves your long-term wealth and retirement security.

Secure Commercial Umbrella Insurance

A good commercial umbrella policy provides a great layer of defense. This policy absorbs major financial claims that exceed your standard insurance limits. Maintaining this coverage ensures that sudden lawsuits do not drain your personal estate or cash savings.

Building a Tight Legal Shield

Asset protection requires exact precision and small errors can easily destroy your legal shields. Judges often dismantle weak company structures or invalid trusts during a lawsuit, but with the proper support, you can protect your investment. A skilled attorney crafts a custom plan, protects your assets and increases your chances of your defense surviving tough courtroom challenges.

How a merger can affect a business’s workforce

2026-06-04T08:33:50Z

When a company goes through a merger, it can dramatically affect the workforce moving forward. There is often a lot of uncertainty, and major changes can happen in the weeks or months after the merger has been completed. Much of the issue relates to redundancy when it comes to roles and responsibilities. For example, say that two small businesses each have a person to answer phones and handle customer interactions in the front office. On their own, each company needs a person to fill this role. Even though most of their sales are handled online, some customers do call in and need to be able to get in contact with a person representing the company. But after the merger, the volume of calls is not going to increase so substantially that two people are needed in the same role. One of them is now redundant, which can lead to that position being terminated.

Layoffs and employment changes

For small, medium or large businesses, this may mean that layoffs happen after a merger. It is important for business owners to know what steps they need to take and how to communicate with the staff about what this is going to look like moving forward. Even if there are not layoffs, there may be employment changes. For instance, maybe employees are going to keep their jobs, but new positions need to be created or workers need to be moved out of redundant positions and into other jobs. Even if people are not losing their employment entirely, there can be substantial restructuring to address how the business will operate after the merger. Both mergers and acquisitions can be very positive for the future of a company, but they do raise some complex questions. It is critical that business owners understand what steps to take.

How to protect your Indiana business from succession debt issues

2026-06-02T11:08:02Z

Many family businesses fail during succession because of unresolved debt problems. When you pass your business to the next generation, you want to protect the legacy you built. Fortunately, you can prevent these financial hurdles with the right planning strategies.

Understand your business structure's liability

The business structure affects how debt transfers during succession. Sole proprietorships and general partnerships often leave owners with unlimited personal liability. This means creditors can go after your personal assets to pay business debts. If you operate as a limited liability company (LLC) or corporation, you may gain much better protections for your personal assets during operations. However, the business itself remains legally responsible for its own debts. Upon succession, it must continue to service those debts unless the owners pay them off or restructure them. Indiana courts strictly enforce successor liability rules. Creditors can pursue the business even after ownership changes, especially if the business transfers assets to avoid debt obligations.

Document all debt obligations

Keeping accurate records of business debts and loans play an important role in succession planning. Your successors will need this information to make decisions about handling inherited debts. Records should include:

Creditor names and contact information
Exact amounts owed and payment terms
Specific collateral pledged against loans
Current interest rates and final maturity dates

Updated records can also help you work with accountants, lenders and business partners during the ownership transition.

Address personal guarantees before transfer

Many business loans require personal guarantees from owners. These guarantees do not automatically disappear when ownership transfers. Under Indiana law, a personal guarantee remains fully binding if you simply transfer ownership of your business to your children or a buyer. However, if you pass away, state law legally revokes the guarantee for any new debts the business incurs after the lender receives notice of your death, unless the contract explicitly stated that your estate would be bound to future obligations. Your estate would still remain liable for any debts built up before your passing. To be released from personal liability while you are alive, you must get a formal, written release or novation from the lender. A novation is a legal agreement that transfers the guarantee from you to the new owner. Without this formal step, you may remain personally liable for business debts even after you step away.

Plan for tax obligations

Indiana does not impose a state inheritance tax, which was phased out in 2013. However, unpaid tax debts can still become liens against your business’s assets. As such, your succession plan should account for federal and Indiana state tax obligations, including income taxes and any applicable business taxes.

Building your business succession plan

Business succession planning means more than naming your successor. Debt obligations and tax liabilities can all complicate the transfer process. When you address these issues early, you protect your business and successors from inherited financial burdens.

Understanding advance directives in Indiana

2026-05-20T00:39:27Z

Advance directives allow you to guide your medical care when you cannot communicate. They can help families understand a person’s wishes during stressful situations while helping ensure health care providers have clear instructions. Every adult can benefit from creating and maintaining up-to-date directives to address their future medical care.

The important role advance directives fill

Advance directives give you control over your future medical decisions by outlining your preferences for treatment and naming someone to communicate those choices. They help prevent confusion and reduce the risk of unwanted care. Specific benefits include:

Providing clarity during emergencies: Specifying what type of care you want when communication is not possible
Reducing family stress: Allowing loved ones to rely on written instructions instead of guessing about important decisions
Guiding care providers: Giving your medical providers documented instructions about your preferences

These potential advantages make advance directives an important part of a complete estate plan.

Documents to consider adding to your estate plan

Indiana offers several tools that help you record your medical wishes and name someone to speak on your behalf. A basic advance directive allows you to appoint a health care representative and outline treatment preferences in one form. A living will declaration applies only in terminal conditions and guides decisions about life-prolonging procedures. Additionally, Physician Orders for Life‑Sustaining Treatment (POLST) can also help guide medical treatment for those with serious illnesses. It records your specific treatment choices and emergency personnel must follow them across different care settings. For the best possible results, advance directives should be created before a crisis occurs and preferably with legal support. Regular reviews of your directives help keep your essential instructions accurate and aligned with your current wishes.

Avoiding unintended consequences of an inheritance

2026-05-05T18:03:09Z

When drafting an estate plan, it can be helpful to think about the consequences of the distribution of your assets. Even if it feels very straightforward, there could be unintended consequences that you would be better off avoiding. Planning in advance can help you do so. One example is if you have a beneficiary with special needs. This individual may not be able to earn a living, so they may rely on certain government benefits. Often, to qualify for these benefits, they are required to report all income and assets that they own. They need to pass a means test. If you leave them an inheritance, it could increase their personal net worth so that it is too high, and they are disqualified from the benefits that they need. They may have to spend the inheritance down before they can reapply for benefits.

How can you avoid this issue?

One way to avoid this problem is by setting up a special needs trust. Instead of giving the money to the beneficiary directly through your estate plan, you fund the trust and list them as the beneficiary, while simultaneously choosing a trustee to administer the assets. By doing this, the trust owns the assets, so they do not count as part of the beneficiary’s personal wealth. This way, they still qualify for the benefits that they need. The trustee can then use the funds to help them in other areas that benefits may not address. This helps to show why planning in advance is so important. It is crucial that you understand exactly what options you have to create an estate plan that will work well for your family.

From Startup to Scale-Up: Key Legal Steps for Growing Your Business

2026-04-21T13:59:09Z

Your small business is growing fast. You hired more people and landed bigger deals than you expected. Customers keep coming back and asking for more. However, fast growth brings new legal problems that your simple startup setup cannot handle.

Protecting your business and what you own

The basic setup you used when you started might not work anymore. Growth means you need stronger legal shields to protect what you built:

Better business structure: Your current setup might not protect you enough or save you money on taxes as your company gets bigger.
Written partner agreements: Clear rules prevent fights by spelling out who owns what, who makes decisions and what happens if someone wants out.
Trademark and patent filings: Register your brand and ideas before others copy what makes your business successful.
More insurance coverage: You need protection for liability, mistakes and cyber attacks as your business faces more risks.

These safeguards get harder and cost more to add after problems start. Many growing companies find holes in their legal setup only when they get sued or partners disagree.

Handling employees and legal requirements

Hiring workers or adding to your team creates new legal duties. Indiana and federal laws require specific things from growing businesses. You need clear rules for workers, proper job classifications and correct pay practices. Agreements that limit competition and protect secrets become important when key employees learn your business inside and out. You also need careful contract review when you negotiate bigger deals with suppliers and customers.

Many businesses grow faster than their legal protection without seeing the danger. Getting legal help now shows you the protection your business needs at each stage. This prevents problems before they happen and saves you money and stress down the road.