Areas of Practice

Our Practice Areas

Estate & Trust Planning and Probate

The professional assistance you receive through estate planning at Perkins & Adley is valuable precisely because it assists you with converting your desires into plans, and plans into action. Rather than use a one-size-fits-all solution, our attorneys consider it their duty to educate you to make sure you understand your own estate, and how planning tools will benefit you. The peace of mind that comes with knowing that your estate exists to benefit you and your loved ones – that the future can be met with relief and not worry – is an investment that will produce results day after day, and for many years to come.

Health Care Planning

Indiana has a Chapter of law that allows residents to exercise end of life decision making, before the occurrence of an end of life event. This end of life decision can be the execution of a Living Will or the execution of a Life Prolonging Procedure Will.
Indiana Code 16-36-4 is the statutory language passed by the legislature, as currently amended.

The law defines who are "qualified patients" eligible to have their decision making document take control of a medical situation. A patient qualifies if the attending physician diagnoses the patient as having a terminal condition, having a living will or life prolonging declaration, and being of sound mind at the time of execution of the declaration. A person who is pregnant is not qualified during the term of the pregnancy.

The law defines "terminal condition" as:
1) a condition caused by injury, disease, or illness;
2) which to a reasonable degree of medical certainty there will be no recovery; and
3) death will occur from the terminal condition within a short period of time without the provision of life prolonging procedures.

The law defines a "life prolonging procedure" as: 1) any medical procedure, treatment, or intervention; 2) that uses mechanical or other artificial means to sustain, restore, or supplant a vital function; 3) serves to prolong the dying process.

Minimum qualifications to execute a Living Will or Life Prolonging Procedures Will:
1) Any person who is of sound mind, and
2) is eighteen years of age may execute a Living Will or Life Prolonging Procedures Will.

In addition the declaration of the Living Will must:
1) Be voluntary,
2) In writing,
3) Be signed by the person making the declaration (or another person in the declarant's presence and at the declarant's express direction),
4) Be dated,
5) Be signed in front of two or more competent witnesses who are at least 18 years of age.

Business Creation
Peterson Waggoner & Perkins, LLP regularly works with clients who are interested in developing business entities. We would be glad to work with you on such a project.

A business entity is a means of starting a business. Once generally referred to as incorporating a business, the types of entities available to structure your business has greatly expanded over the past twenty years.

Limited Liability Entities, or LLEs, are regularly used to provide protection for the owners of a business. An LLE separates the business as an entity from the personal assets of the owner, and by separating them, provides protections to the personal assets of the owner. Various types of LLEs are:
- Corporations
- Limited Partnerships (LP)
- Limited Liability Companies (LLC)
- Limited Liability Partnerships (LLP)
- Real Estate Investment Trusts (REIT)
- LLEs are all regulated by the state in some method, and require proper registration to obtain the limited liability protections made possible by the state legislature.
- LLEs also can have certain tax benefits for the investors. These are complex legal and tax entities and should be created only in consultation with a knowledgeable and experienced attorney.

Real Estate

In about one-half of the states lawyers are still critically involved in all major steps in the transfer of real estate. Since 1963, Indiana has defined much of the normal transfer of residential real estate as outside the practice of law. Realtors handle the offers for purchase as well as closings. Usually there is no problem. When a problem arises between the buyer and the seller it is time to bring an attorney in to help solve the problems.

At Perkins & Adley, we are experience in representing boards of realtors and handling USDA Farmer's Home Administration loan closings in excess of 25 million.

Surveys

Land surveys are critical to the successful ownership of real estate. Survey issues also create concerns in settling boundary line disputes. We regularly deal with survey issues for our clients.

Abstracts of Title and Title Insurance

Title insurance policies have taken a dominant role in assuring purchasers of clear title or remedy in the event of a title dispute. The attorneys at Perkins and Adley are experienced in abstract of title review, and are familiar with the title history of many tracts of land around Fulton County.

Construction Contracts and Mechanics Liens

Perkins & Adley has represented owners and contractors in resolving construction disputes, preparing construction agreements, and litigating mechanic lien problems.

Commercial Real Estate

Our experience in working with commercial properties in Fulton County and surrounding counties can help an owner or contractor avoid many problems before they occur.

Zoning and Development

We are experienced in the local issues of zoning and real estate development. Numerous subdivisions, tract splits, re-plats of land and zoning map amendments have been handled over the years.

General Litigation

General litigation is the method of resolving disputes between parties over contracts or from injuries or accident. The attorneys of Perkins & Adley have considerable litigation experience before courts and juries on issues of general legal interest. Trials on nearly any issue common to Fulton County or Northern Indiana have been handled. If you have an issue which may result in general litigation, please feel free to contact us to schedle an appointment with one of our attorneys.

Family Law

ADOPTION
Adoption is the legal process by which a parent/child relationship can be established that did not exist at the time of child's birth. The decision to adopt is a life-changing one, for all those concerned. Both the identity of the child and the structure of the family are altered. Courts evaluate the adoptive home for its suitability and compatibility with the child. Perkins & Adley has experience seeing clients through this important and fulfilling step.
DIVORCE
A dissolution of marriage (divorce) in Indiana often involves several related issues: custody, visitation, child support, and division of property. Couples seeking a divorce may have already discussed how property would be divided between them, but may have no idea how to arrange visitation that is appropriate for the children. They may not understand or agree about the appropriate level of support. Whatever the disagreement, an attorney can assist you in determining what factors are appropriate to consider in the outcome of a dissolution.

Two points are critical to a basic understanding of dissolutions in Indiana. First, Indiana, like all states, allows for "no fault" divorces. This means that one need not prove infidelity, cruelty, abandonment, or any of the other wrongdoings once required to obtain a divorce. Second, Indiana is a "one pot" state with regard to marital property. This means that all property acquired during the marriage, regardless of how it is titled, is subject to the dissolution action and the orders of the court.

Our attorneys have experience in dissolution. From the friendliest to the most bitter, we work to preserve the dignity and assets most important to our client.

Guardianships

A guardian is a court-appointed person placed in charge of the care and well-being of a person determined to be in need of legal assistance, and who no longer can take care of their own needs. Adult Guardianships and Child Guardianships are two different proceedings.

A guardian in a Child's Guardianship is appointed to take control over and provide protection for a child and the child's assets. To be a legal guardian of a child is to have a special duty to look out for the child's interests. Guardianships may be used when a parent cannot care for the child, but the parties involved believe that the child's relationship to the parent need not be severed. Guardians are typically given the authority to make child-rearing decisions, such as those concerning education and medical issues.

An adult's guardian is appointed to preserve and protect the interests of adults. These interests may be medical or financial concerns. To establish a guardianship over an adult, the court first must determine the need of the adult for protection, and then determine if the person nominated to serve is an appropriate person, under the standards established by state law.

The duty either type of guardian accepts by their appointment includes a responsibility to regularly report activities to the court, and those close to the protected person (once called the "ward"). The guardian also agrees to act only in the protected person's best interest, and not in the guardian's best interests when those interests differ.

The role of a guardian can be complex, based on the decisions that are needed for the best interests of the protected person, and regular discussion of the duties with your attorney is encouraged.

State & Local Taxation

Since late 1980's Perkins & Adley has represented numerous clients on economic development issues concerning state and local taxation. Tax abatements have been a very successful method of achieving economic development benefits within the Fulton County and towns throughout Fulton County. From small building projects to multi-million dollar factory renovations, clients have made their case for the proper application of this economic development tool.

Perkins & Adley has been involved also in the areas of establishing and appealing assessments for business and industries. We are familiar with the processes involved in appealing an adjustment to assessment, a new assessment, or a dispute over assessments.

The use of economic revenue bonds has not been as widely used in Fulton County as tax abatements, but has been successfully petitioned for by the attorneys of Perkins & Adley. For your economic development considerations throughout Fulton County and northern Indiana, please consider our services.

Legal Fee & Ethics Issues

A Word About Attorney Fees
Perkins & Adley provides our clients with timely statements for professional services performed. Statements are sent on a monthly basis or at appropriate stages of the case.

Before proceeding with legal work for a new client or on any major project, we may begin with a written fee agreement, depending on the legal matter involved. We may also request an advance fee for services to be rendered. Our fees for services are based upon either specific fees, contingent fees, or hourly rates established by the Firm, which are subject to periodic adjustment. Our fees also reflect the priorities demanded by the project, the magnitude of the project, and the responsibilities assumed by the Firm. If our billing schedule does not meet your paying practices, please contact Karin at our office to personalize the billing schedule, and avoid finance charges.
The monthly statement reflects those services specified on the statement and includes out-of-pocket expenses posted through the billing date. Expense charges typically include long distance telephone calls, computerized legal research, document duplication, extraordinary postage, express delivery and other transportation expenditures, as well as filing and recording fees.

Statements rendered are due and payable upon receipt by the client, and prompt payment is requested and expected. A finance charge of 1.5 % per month or 18 % per annum is charged on the unpaid balance beginning thirty (30) days after the date of each statement. Failure to pay a statement promptly may result in a suspension of legal service or withdrawal from the case.
Ted Waggoner blogs on the topic of legal fees, and has testified as an expert in attorney fee matters.
Clients are always encouraged to discuss fee matters with the attorneys or our office manager.