Dale & Eke

3 risks involved in buying a property with unpermitted work

2026-08-18T11:56:13Z

It can be tempting to buy a property by ignoring unpermitted work because of its appealing features. However, before you make a decision, you have to understand the risks you are about to take. Here is what you need to know.

Legal consequences

In most cases, a property that has unpermitted additions or modifications violates Indiana building codes or local ordinances of the town or city where it is located. Discovery of such violations by local authorities can force you to remove or correct the unapproved changes at your own cost.

Difficulty in resale

Resale value is one of the biggest concerns if you are planning to buy the property as an investment. Firstly, the potential buyers may be reluctant to buy the property from you. Secondly, having unpermitted work may reduce the property’s value. Lastly, if the buyer later finds out about the violation that you failed to disclose, they may pursue legal action against you.

Lack of insurance coverage

In the future, if an accident damages or destroys your property, and the insurance company discovers that the unpermitted work caused it, they may deny your claim. For example, if unpermitted electrical work causes a fire, the insurance company may refuse to cover the resulting damages.

How an attorney can help

The stakes are high if you are buying property, either for personal or commercial use. That is why you should acquaint yourself with the risks involved. With the help of an attorney who is experienced in real estate law, you may be able to make an informed decision about the property you intend to purchase.

3 ways to protect your family’s land in a 50-year solar lease

2026-08-03T10:40:16Z

Indiana's accelerating energy transformation presents agricultural landowners with unprecedented opportunities for long-term revenue. However, committing your land to a half-century lease fundamentally binds multiple generations of your family. Negotiate these essential contractual safeguards before executing any binding agreement.

Demand an uncompromising restoration bond

Solar equipment experiences inevitable degradation over multi-decade operational cycles, yet poorly constructed agreements leave landowners bearing removal costs. Indiana statutory default rules allow developers to phase decommissioning bonds over ten years.

You could request for a comprehensive performance bond covering one hundred percent of removal costs before initial ground disturbance begins. This contractual mechanism guarantees that the developer completely extracts all structural footings, subterranean conduits and concrete foundations at their sole expense, restoring your topsoil to prime arable conditions.

Shift environmental and operations liability

Operational mishaps, chemical releases, or structural fires occurring within facility boundaries should never jeopardize your family wealth or land assets. Draft rigorous indemnification clauses that hold the solar operator strictly accountable for all environmental remediation, property damage, and third-party claims. Mandate that the commercial tenant maintains robust insurance coverage naming you as an additional named insured party across the entire lease duration.

Secure complete tax Indemnification exemption

Converting productive farmland into utility-scale solar generation reclassifies your property under commercial assessment standards, drastically elevating annual property tax burdens. Require an explicit tax indemnification provision within the master lease contract. This requirement obligates the solar entity to pay all incremental property tax increases, ensuring your family maintains sole responsibility for only the baseline agricultural assessment rate.

Preserve your generational property rights

Long-term utility contracts routinely outlast the individuals who negotiate them, altering your family's financial legacy for decades. Corporate developers draft these extensive contracts primarily to secure their institutional investors and operational capital. A skilled attorney can restructure one-sided contract provisions, resolve regulatory exposure under state statutes, and secure your land for future generations.

What happens to an LLC when its only owner dies?

2026-07-31T08:47:01Z

You built your company on your own, making every decision and signing every contract. So what happens to that business the day you are no longer here to run it? For the owner of a single-member limited liability company (LLC), the answer often surprises families. Knowing how Indiana treats a one-owner business at death can help you protect what you have built.

Automatic dissolution under Indiana law

Indiana treats a limited liability company as separate from its owner. When the sole member of a single-member LLC dies, the company generally cannot keep running, because an LLC must have at least one member. With no member left, the business dissolves and its affairs get wound up. Under Indiana's dissolution rules, that can force the company to close, sell assets and settle debts, even though the owner hoped to pass it on. The ownership value still passes to your heirs, but the right to run the company as a member often does not transfer with it.

Operating agreement provisions that prevent it

There is a way to keep the doors open. Indiana law gives a short window to act. If the operating agreement includes the right provisions, the business can avoid dissolution when, within 90 days of the death, the member's personal representative agrees in writing to continue it or a new member joins. The problem is that most single-member LLCs never include these terms, because owners set up quickly and rarely revisit the paperwork. This is where how you structure your business makes a difference. A well-drafted agreement can name a successor and give your family a clear path forward instead of a court-supervised shutdown.

Planning moves that keep the business alive

Protecting a one-owner business starts long before the need arises. Decide who should inherit the company and whether that person is ready to run it. Work with an attorney to add succession language to your operating agreement that names a successor and describes how control transfers. Some owners place the ownership interest in a trust, which can move the business to the next owner without probate. Keeping your operating agreement and articles of organization current matters too, since an outdated document may not reflect your wishes today.

Why acting now beats sorting it out later

The death of a sole owner does not have to mean the end of the company. The outcome depends on whether you did the groundwork while you still could. A single afternoon updating an operating agreement or naming a successor can spare your family months of uncertainty during a hard time. If your business depends on you alone, treat that plan as one of the most valuable assets it has.

Why buy-sell agreements matter for business owners

2026-07-23T16:45:00Z

Running a business with partners can be exciting, but shared ownership also creates challenges you may not anticipate. For instance, a co-owner may want to leave the company, retire, pursue another opportunity or sell their ownership interest. These moments often require important decisions about control, ownership rights and the future direction of the company. A buy-sell agreement gives business owners a structured way around such situations before they become disruptive.

Protecting your business during unexpected changes

A buy-sell agreement is a legally binding contract that outlines how an owner’s interest in a business can be transferred. It typically addresses events such as retirement, death, disability, divorce, bankruptcy or a voluntary decision to leave the company. Ownership transitions can quickly become complicated without a defined roadmap. For example, if a business owner dies, their ownership interest may pass to family members or other third parties who have no involvement in the company. The remaining owners may suddenly find themselves working with someone they did not choose as a business partner. A well-drafted agreement sets clear expectations in advance, which can help address such challenges before they become costly disputes. It can establish how ownership interests will be valued, determine how a buyout will be funded, set limits on transfers to outside parties and clarify each owner’s rights and responsibilities throughout the transition process.

Creating an agreement that works for your business

The effectiveness of a buy-sell agreement depends on whether it truly reflects the realities of your business. Standard templates may seem convenient, but they often overlook important details that can become major issues down the road. Seeking professional legal guidance when creating or reviewing this crucial document can go a long way in safeguarding the future of the company you’ve worked so hard to build.

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.