Mr Jeffrey D Heck
Heck Law Offices, PC
Directory Practice Areas
- Business Law
- Elder Law
- Foreclosure Defense
- Landlord Tenant
Additional Practice Areas
- Credit Cards Accepted
- Contingent Fees
- Free Consultation
Jurisdictions Admitted to Practice
|Northern District of Indiana|
|Southern District of Indiana|
|US Tax Court|
|President, Heck Law Offices, LLC fka Jeffrey D. Heck PC|
|Vice President of Operations, Broad Ripple Kiwanis Foundation|
|Organized operation and qualified company as a 501(c)(3) charity. Established operation to move from $3,000 per year fundraising to $20,000 per year.|
|Founder and President, Broad Ripple Kiwanis Foundation|
|Establish operations and qualify foundation as 501(C)(3) public charity. Move fundraising from $2,500 per year to $20,000 per year.|
|Partner, Robinson & Heck|
|Owner, Law Offices of Jeffrey Heck|
|Indiana University School of Law - Indianapolis - Indiana University-Purdue University Indianapolis||J.D.|
|Activities: -- Indiana International & Comparative Law Review (student note editor) -- Phi Alpha Delta.|
|Washington University in St. Louis||A.B.||History|
|Honors: History Honor Society|
|Activities: American Campus Eagles|
|Member, National Network of Estate Planning Attorneys|
|Activities: Develop estate plans for persons with zero to $5 million estates.|
|Post-Doctoral Student, Esperti Peterson Institute for Advanced Estate and Financial Planning|
|Activities: Study estate planning for estates of $5 million to $25 million.|
|Member, Indiana State Bar|
|Activities: Member of committee on computers and technology.|
- Overall: 47th
- Overall: 47 Answers
Q. My mother passed away in September and was intitled to social security. Is this part of her estate?
A: Only payments paid to her prior to her death. If a payment is deposited the day after her death, SSA will take it back by right.
Q. How can I get appointed as personal representative in Hamilton County Indiana when deceased died intestate.
A: Hire a lawyer and petition the court to open the estate for an intestate decedent. The procedure is the same. The difference comes in who is likely to be appointed by the judge to administer the affairs. With a will, the listed administrator is the most likely to be appointed by the judge. If no will exists, then the law has preferred list of candidates. Spouses, children, parents, siblings, interested parties, then creditors.
Q. How do I file an objection for a tax - forclosure matter, in a circuit court
A: This is all handled by statutory provisions. It is unlike most litigation. You must do it within 12 months of the foreclosure sale. The main point is that you have to pay the back taxes in all cases. With taxes paid, you may have to pay the purchaser the statutory interest rate. I have litigated these issues. There may be some constitutional problems with the statutory scheme, but they have not made it to the Court of Appeals that I have seen.
Q. Do i pay county taxes if i live and work in the same county?
Q. How Long does someone have to take care of a piece of property before it legally becomes theirs in indiana
A: This is a question of "adverse possession." Time is only one element that you would have to prove in court in a Quiet Title action. Ten years under a belief that you own it with the proper owner having the ability to learn that you are possessing it are some of the key elements. Your claim may already have failed because you are investigating the matter after only 3 years. Previous owners who acted like it was theirs and sold it under that impression can be "tacked on" to your time period to attempt to reach the ten year period. There is some old case law that requires the paying of property taxes, too. This case law has been pulled back in recent years, but be aware that many people still mutter about taxes when these issues arise.
Q. Do I need an attorney to petition a court to release funds being held due to the sale of land under imininet domain?
A: No. It may save you a lot of time though. The attorney can do in an hour or two what may take you days to figure out.
Q. Do a married couple in Indiana has the same rights for property, such as a house? Can one spouse only decide to sell?
A: It depends on how the last deed of record (meaning on file with the county recorder) reads. If it includes the words, "husband and wife," then, no, both spouses must sign because the property is a tenancy-by-the-entirety. If the deed omits those words or says "joint tenants with rights of survivorship" or "tenants-in-common," the selling spouse can sell that spouse's partial interest only. The remaining spouse has no obligation to sell, absent a court order such as in a divorce decree or separation order or decree of partition. Beware that partial interests are not worth what you think. Selling a 50% interest is rarely likely to obtain 50% of the fair market value of the property. 30-35% is more likely.
Q. Neighbor's fence is on my property. I want it removed. Can I remove it if he doesn't? Survey completed.
A: All citizens first duty is to maintain the peace. If you can do by telling the encroaching neighbor about your plans, and they consent. You can exercise your right. If the neighbor declines, you should seek a judge's intervention by a declaratory judgment describing your rights or an injunction prohibiting your neighbor from interfering with your removal process. Ultimately the question is, "Who will the police through in jail for breaching the peace or violating a court order?" Avoiding the wrong answer on that question makes everything else easier.
Q. Signed a 24 mo lease agreement on May 1, 2012. Approx. 5 wks later the owner had listed the house for sale. What next
A: The rules of real estate are based on seniority of ownership interest. Often purchasers of rental homes want the tenant. The income stream enhances the value of the real estate as an income-producing property. If they do let you stay, they should ask you to sign a "certificate of attornment." It is a document that switches your allegiance from the previous landlord to the new one. If they do not wish to keep you in the property, you can have problems. Consult a lawyer, but be prepared for less than good news.