May Oberfell Lorber

MATT ANDERSON APPOINTED TO CENTER FOR HOSPICE CARE BOARD OF DIRECTORS MOL attorney, Matt Anderson, has joined the Center for Hospice Care's Board of Directors. The Center for Hospice Care seeks to improve the quality of living through hospice, home health, grief counseling, and community education. The organization helps patients and their loved ones experience the best possible quality of living even as they face end of life. The Board of Directors reviews the Center's progress, strategizes about long-term plans, and ensures the Center remains true to its mission.

ESTATE PLANNING FOR YOUNG ADULTS - WHY IT'S NEVER TOO EARLY TO PLAN AHEAD By: Laura D. Faulstich Young adults in Indiana can benefit significantly from estate planning, regardless of their age or financial situation. An estate plan can provide peace of mind, protect loved ones, and ensure your wishes are honored in the event of incapacity or death. Estate planning is simply making legal arrangements for the management and distribution of your assets and affairs. This includes designating who you would like in certain roles, either making decisions while you are here but unable to make your own decisions, and after you are gone. And, you can never plan too early. Many college students will soon be returning from college. If a college student is over 18 years of age, the student is legally considered an adult, even though their parents may still perceive them as a child. In the unfortunate event that the student should become unable to manage their own affairs, whether by accident, illness, or death, especially while away at college, parents are surprised to learn that they may not have automatic access to the student’s medical and financial information. Young adults, even if just starting to build wealth and regardless of relationship status, will likely have assets such as bank accounts, retirement accounts, personal belongings, and possibly real estate. Without a proper estate plan, Indiana’s intestacy law could determine how such assets are distributed which may not align with your wishes or benefit your loved ones, and may require court proceedings. If you have minor children, estate planning allows you to designate a guardian to care for them in the event one would ever be needed. Without a designated guardian, the court will decide who will raise your children, potentially leading to contentious battles or placements that do not reflect your wishes. Estate planning is a vital aspect for every adult, no matter age. It is never too early to develop a plan. By taking proactive steps to create a comprehensive estate plan, it can protect your assets, provide for loved ones, and ensure that wishes are honored, regardless of what the future holds. 

MICHIGAN POLICY SHIFT TO SLIP AND FALLS By: Georgianne M. Walker The Michigan Supreme Court overturned a 2001 precedent that had all but ended most slip and fall cases in Michigan before they began. In July 2023 in a 5 to 2 Opinion authored by Chief Justice Elizabeth Clement, the majority of the Michigan Supreme Court introduced a new framework for premises liability that puts the decision of whether a defendant owes a duty to ensure a space is reasonably well kept, and a plaintiff’s comparative fault in avoiding that danger, to a jury. The majority concluded that a practice established by a 2001 case Lugo v. Ameritech Corp. to put the “open and obvious danger” doctrine, and any exceptions to it, in the “duty analysis” runs afoul of Michigan’s law and commitment to be a comparative fault jurisdiction.    The prior case law would often leave injured slip and fall plaintiffs with no recovery as soon as a court, rather than a jury, decided no duty was owed. The Lugo decision was overruled to make the open and obvious danger doctrine a part of a landowners duty. In overturning that decision, the Michigan Supreme Court stated that a land possessor should “anticipate” harm that comes from an open and obvious condition. Despite its obviousness, the owner is not relieved of the duty of reasonable care of the property. This is a change from putting the onus on a plaintiff, who under the Lugo decision, was bound by their own knowledge to anticipate a danger. The prior law held that a property owner does not have a duty to warn about an open and obvious condition (think large pot hole or winter ice) unless it is found to have certain special aspects such as being “unreasonably dangerous” or “effectively unavoidable”. The open and obvious inquiry was, until July of 2023, looked at under the “duty analysis”, which has courts looking at the plaintiff’s actions rather than a defendant’s duty to take reasonable care.   The opposite side of the argument is that the Michigan Supreme Court has now greatly expanded liability, which could lead to more litigation and destabalize the law.    Given the previous law in Michigan regarding slip and falls, most such cases were not taken by plaintiff attorneys. Although Michigan attorneys will be more likely to take a slip and fall case, it should be noted that there will be attorneys who have practiced in Michigan for decades who do not have much, if any, experience litigating slip and fall cases, whether on the plaintiff or defense side. Here at May Oberfell Lorber, however, several of our attorneys are licensed in both Indiana and Michigan and have been practicing premises liability (slip and fall cases) in Indiana without interruption, and are well-versed in the handling of such negligence cases, no matter the state.

March Madness is an annual tradition at MOL!

My Spouse and I Are Getting Divorced – What Will Happen to Our Pets? By Marissa S. Claxton - Associate Today, most people consider their pets as family members. So, what happens to those pets when two spouses divorce? Will one party be awarded “primary physical custody?” Is there a “parenting time” schedule ordered? Are the “best interests” of the pets considered? While custody disputes over pets in divorce proceedings have become increasingly more common, the short answer to all these questions is, unfortunately, no, at least in Indiana. Indiana courts have in recent months made clear pets are property and it is the property rights of the parties, rather than their respective abilities to care for said pets, or their emotional ties to the pets, that are determinative. While undoubtedly harsh, Indiana courts have even reversed trial court decisions allowing pets to travel back and forth between spouses. Indiana statutory law does not provide any relief either as there are no provisions in the same accounting for pet visitation, therefore, whichever spouse is awarded the pets at the time the parties’ divorce is finalized, will have sole possession of the pets. Therefore, should you and your spouse be unable to come to an agreement outside of Court regarding your pets, and property, the Court will turn to Indiana’s equitable distribution principles to make an equal division of all property, including pets, which of course can be rebutted by factors including, but not limited to: the contribution of each spouse to the acquisition of the property, or pets, the extent to which the property, or pets, was acquired by each spouse, the economic circumstances of each spouse at the time the disposition of the property is to become effective; and the conduct of the parties during the marriage as it relates to the disposition or dissipation of the property, or pets. The attorneys at May Oberfell Lorber are well versed in assisting clients navigating these issues. This article is for information purposes only and is not intended to constitute legal advice. 

Attorney Katherine Iskin will be a featured speaker at the Indiana State Bar Association's Solo & Small Firm Conference on May 30, 2024. Katherine will present on the Interaction Between Bankruptcy Law and Family Law, Personal Injury, Criminal Actions, and General Litigation.

Medical Malpractice Attorney / Lawyer May Oberfell Lorber, Northern Indiana’s oldest law firm, is looking to expand its Mishawaka, IN office. The position will primarily involve litigation and medical malpractice defense. The medical malpractice practice group serves clients throughout Indiana and Michigan. This is an excellent opportunity to join a law firm that offers a unique combination of sophisticated work, immediate client contact and a great work-life balance. Requirements: ·      Admitted to practice law in the State of Indiana ·      Strong analytical ability, excellent communication and writing skills, and ability to work with a team and meet deadlines ·      Prior experience preferred May Oberfell Lorber offers a competitive compensation package based on experience, including health, dental, and vision insurance, and 401(k) with Safe Harbor Match. May Oberfell Lorber is a full-service law firm serving Northern Indiana and Southwestern Michigan, with offices in Mishawaka, Indiana and Dowagiac, Michigan. Founded on January 1, 1856, May Oberfell Lorber is a committed member of the community and is dedicated to making a difference in the greater Michiana area. To be considered, please provide your cover letter and resume to Travis Eull (teull@maylorber.com).

Sean Towner: Congress passed the Corporate Transparency Act (“CTA”) in 2021. The CTA took effect on January 1, 2024. What are its requirements? #BusinessLaw #MichianaAttorney

Savannah Boettcher: Small claims courts in Indiana provide individuals with the opportunity to resolve specific eligible disputes with simplicity and convenience. The attorneys at May Oberfell Lorber are well-versed in small claims litigation and can assist with legal needs – big or small. #smallclaims #MichianaAttorney #MichianaLawyer

Linda Plata: Are You Eligible to Become a U.S. Citizen by naturalization? The attorneys at May Oberfell Lorber are well-versed in helping clients navigate through the #naturalization process. #Immigration #MichianaLawyer #MichianaAttorney #IndianaLawyer