Coots, Henke & WheelerCoots, Henke & Wheeler2026-05-18T14:41:51Zhttps://www.chwlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302659/2022/05/cropped-site-identity-32x32.pngOn Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Is your AI hiring software creating legal risk?]]>https://www.chwlaw.com/?p=481392026-05-18T14:41:51Z2026-05-18T14:41:51ZHow AI is used in hiring
Hiring software does more than store resumes. Some systems evaluate applicants and help employers decide who advances in the hiring process. Common examples include:
Filtering resumes based on selected keywords
Ranking applicants through scoring systems
Flagging employment gaps for review
Screening candidates through online assessments
Evaluating recorded video interviews
Many businesses now use these tools through recruiting platforms, payroll providers or human resources software. You may already rely on AI in part of your hiring process without realizing how much influence the technology has on employment decisions.
Risks employers may overlook when using AI
Hiring systems may seem neutral, but problems can arise when software relies on data tied to past hiring patterns. For example, a program could favor certain applicants while screening out others based on age, disability or other protected characteristics.
Employment agencies and regulators have started paying closer attention to AI tools in hiring. The Equal Employment Opportunity Commission has warned employers that hiring technology may create discrimination risks if businesses fail to monitor how these systems operate. You may still face liability even if a third-party vendor created the software because federal employment laws still apply when businesses use automated hiring tools.
What to consider before using AI hiring tools
You do not need to avoid AI hiring software altogether because many businesses will continue using these systems to improve efficiency. Before using AI-driven software in hiring, you may want to:
Review how the software evaluates applicants
Ask vendors about bias testing
Compare hiring results across applicant groups
Keep human oversight in hiring decisions
Maintain records explaining hiring choices
These steps may help you spot problems early and reduce the risk of disputes that could affect your business or damage its reputation.
Balancing innovation and risk management
Artificial intelligence will likely continue playing a larger role in hiring decisions. Employment laws and enforcement efforts will also continue changing as these tools become more common.
Reviewing your hiring procedures now may help you avoid disputes later. Careful planning and regular review may allow you to use hiring technology while reducing legal risk.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Passing down your business without family conflict]]>https://www.chwlaw.com/?p=481162026-02-12T14:59:34Z2026-02-17T14:55:31ZWhy sibling conflict happens in family businesses
Conflict rarely starts with bad intentions. It usually grows from unclear expectations and assumptions. Several factors tend to trigger disputes:
Parents promise “equal shares” without defining control.
One sibling works in the business while another does not.
Compensation and leadership roles remain informal.
The business lacks a written succession or buy-sell agreement.
Estate planning documents conflict with corporate documents.
When these issues remain unresolved, your children may interpret the future differently. One may expect to run the company. Another may expect equal decision-making power. After you retire or pass away, those differences can erupt into litigation.
Deliberate, structured planning reduces that risk. Answering these questions while you still lead the company allows you to shape expectations and maintain stability for employees and customers.
Equal ownership does not mean equal control
Many parents assume fairness requires equal ownership among children. In practice, equal shares can create deadlock if siblings disagree on how the business runs.
Some owners choose to separate economic ownership from voting control. Others designate one child as the decision-maker while the rest simply retain financial interests. A clear buyout plan can also provide an orderly exit if one sibling prefers to leave the business.
Written agreements support these decisions. An operating or shareholder agreement should clearly explain who makes major decisions, how the business will be valued if someone leaves and what steps apply if an owner wants to sell their share. When governing documents address these points directly, disagreements are less likely to become personal disputes.
Aligning business succession with your estate plan
Succession planning does not stop with corporate documents. Your will, trust and powers of attorney should reflect the same strategy.
If your estate plan divides everything equally but your succession plan gives control of the business to one child, you may need to balance that difference in other ways. For example, the child who does not control the company might receive more real estate, investments or life insurance benefits. You might also use a trust to spread out payments over time instead of transferring large assets all at once. The goal is to keep things financially fair without creating decision-making conflicts inside the business.
Ensuring your business documents and estate plan align helps reduce possibility of conflict and potential legal dispute.
Protecting both your legacy and your family
A family business is more than revenue. It reflects years of effort, sacrifice and shared history. Without a documented succession plan, sibling conflict can undermine that legacy.
Direct communication, well-drafted agreements and coordinated estate planning provide a stable framework for the next generation. With a clear structure in place, you can step away knowing your company and your family relationships rest on solid ground
]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Prenup versus postnup: Which one do you need?]]>https://www.chwlaw.com/?p=480912025-11-27T08:28:55Z2025-11-27T08:28:55ZWhen you think about protecting your finances and assets in marriage, you may hear about prenups and postnups. Both agreements can help clarify expectations, safeguard property and reduce disputes.
Indiana law recognizes these agreements but has rules that affect how theyare enforced. Knowing the differences can help you decide which one might make sense for your situation.
When should you consider a prenup?
A prenup is an agreement that you sign before getting married. It can be especially useful if you want to protect specific assets or clarify responsibilities before marriage. In Indiana, you might consider a prenup if you have:
Significant assets or debts you brought into the marriage
Ownership in a business you want to protect
Family inheritance that should remain separate
Retirement accounts or property you want to shield in case of divorce
For a prenup to hold up in court, Indiana requires that both parties provide full disclosure and that the agreement is fair. Discussing these matters openly before marriage can help you create an agreement that meets legal standards and feels balanced.
When would a postnup make sense?
You and your spouse sign a postnup after you are married. You might consider one if your financial situation changes or you want to clarify responsibilities that were not addressed earlier. In Indiana, postnups can address changes like a new inheritance, growth in a business or new debts. Courts review these agreements carefully, so fairness and transparency are crucial.
Planning for clarity and security
If you are thinking about a prenup or postnup, start by having an honest conversation with your spouse about finances and goals. You might also consider working with an Indiana attorney to ensure the agreement is clear and enforceable.With proper planning, you can protect your assets and reduce stress, giving both of you peace of mind and a foundation for a stronger marriage.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Can mediation help you avoid paying alimony in Indiana?]]>https://www.chwlaw.com/?p=480902025-08-27T15:01:59Z2025-08-27T13:01:23ZHow Indiana handles spousal maintenance
Indiana does not follow the traditional alimony system found in some other states. Instead, the law allows spousal maintenance in limited situations. A court may order it if:
One spouse is physically or mentally incapacitated.
One spouse must care for a dependent child with special needs.
A spouse needs temporary support to pursue education or training to become self-supporting.
Judges typically look at the length of the marriage, each spouse’s income and earning capacity, health and overall financial resources.
The role of mediation in divorce
Mediation is a process in which both spouses meet with a neutral third party to work toward an agreement as they end their marriage. It provides an opportunity to resolve financial issues, including property division and support, without going to trial. When couples reach an agreement through mediation, courts typically approve the terms as long as they meet legal standards.
Because spousal maintenance is often one of the most significant financial issues in a divorce, understanding how mediation can affect alimony arrangements is an important next step.
Can mediation eliminate alimony?
Mediation cannot eliminate eligibility for spousal maintenance. However, it can help reduce disputes over how much support is paid and for how long. In some cases, spouses may even agree on alternatives, such as receiving a larger share of property instead of ongoing monthly payments. By providing predictability and flexibility, mediation allows higher earners to design financial arrangements that suit their unique situation.
Involving an attorney in the process can make these discussions even more effective. A lawyer can help you ensure any agreements you reach will hold up in court.
Benefits of using mediation for financial issues
For high earners especially, mediation can offer:
Privacy, since financial details do not become part of a public trial record
Lower legal costs compared to contested litigation
Greater flexibility in designing solutions that fit both spouses’ needs
A reduced risk of a judge imposing an arrangement that feels one-sided
These advantages make mediation a more practical and less stressful path to resolving spousal support concerns.
Why legal guidance matters in mediation
Couples who work together often find solutions that feel fairer and give both sides more control. However, because navigating spousal maintenance rules and negotiations can be complex, having an attorney by your side can make a significant difference. A lawyer helps you understand your rights, avoid costly mistakes, and create agreements that protect your long-term financial future.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Indiana misdemeanors and felonies: Classes and penalties]]>https://www.chwlaw.com/?p=480552025-05-26T15:51:56Z2025-05-26T15:29:49ZIf you face criminal charges, it’s important to remember that each state has differences in how it defines and handles criminal offenses. If you face criminal charges in Indiana, knowing how your offense is classified matters. Indiana law divides crimes into misdemeanors and felonies, each with distinct levels of severity and legal consequences. This blog walks you through what each classification means and the penalties you could face.
Start by learning how Indiana defines misdemeanor offenses and the penalties that go with them.
What are misdemeanor crimes in Indiana?
Misdemeanors are less serious offenses but still carry jail time, fines and a lasting impact on your record. These offenses can affect your daily life, including employment and housing opportunities. The state divides misdemeanors into three classes:
Class A misdemeanors: Includes offenses like battery causing injury, theft under $750 and small-scale cannabis possession
Class B misdemeanors: Covers first-time drug possession and public intoxication
Class C misdemeanors: Involves disorderly conduct and minor traffic violations
The penalties you face depend on the class of misdemeanor charged.
Potential penalties for Indiana misdemeanors
Penalties for misdemeanors vary depending on the class of the offense. The following outlines the possible jail time and defines the associated penalties with each class:
Class A misdemeanor: Up to one year in county jail and fines up to $5,000
Class B misdemeanor: Up to 180 days in jail and fines up to $1,000
Class C misdemeanor: Up to 60 days in jail and fines up to $500
More serious charges fall under felony classifications, which carry greater penalties.
What are felony crimes in Indiana?
Felonies carry more serious consequences and are grouped into six levels, with Level 1 being the most severe. These offenses often involve violence, significant harm or large-scale criminal activity.
Level 1 Felony: Involves attempted murder, child molestation and neglect causing death
Level 2 Felony: Involves voluntary manslaughter and large drug offenses
Level 3 Felony: Involves aggravated battery and robbery
Level 4 Felony: Involves arson and burglary of a dwelling
Level 5 Felony: Involves battery with a deadly weapon and burglary of non-dwelling structures
Level 6 Felony: Involves theft and possession of controlled substances
Some Level 6 felonies may be reduced to misdemeanors depending on factors like your criminal history or the details of the case. This can result in less severe penalties. The following outlines the potential prison sentences and fines linked to each felony level.
Potential penalties for Indiana felonies
If you're charged with a felony in Indiana, the penalties can be severe and long-lasting. The punishment you face depends on the felony level and the specific details of your case.
Level 1 Felony: 20 to 40 years in prison with fines up to $10,000
Level 2 Felony: 10 to 30 years in prison with fines up to $10,000
Level 3 Felony: Three to 16 years in prison with fines up to $10,000
Level 4 Felony: Two to 12 years in prison with fines up to $10,000
Level 5 Felony: One to six years in prison with fines up to $10,000
Level 6 Felony: Six months to two-and-a-half years in prison with fines up to $10,000
Felony convictions can have consequences beyond prison and fines, including restrictions on employment, housing and civil rights. It's important to take any felony charge seriously and seek legal guidance early.
Protecting your rights in Indiana criminal cases
Facing misdemeanor or felony charges in Indiana can affect your freedom, finances and future opportunities. Knowing the classification and potential penalties tied to your charge is an important first step. Consulting with a criminal defense attorney early can provide guidance personalized to your situation and help you respond to the charges effectively.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[What are the advantages of forming an LLC?]]>https://www.chwlaw.com/?p=480382025-02-26T10:02:19Z2025-02-26T10:02:19Zforming an LLC, highlighting why it might be the ideal choice for many businesses.
Protects personal assets
One of the most significant advantages of forming an LLC is the protection it offers to personal assets. In business, liabilities and debts can arise unexpectedly.
However, with an LLC, the owner's personal assets, such as their home or personal savings, remain safeguarded. Creditors can only pursue the LLC's assets, ensuring that the owners’ personal properties stay out of reach.
Offers tax flexibility
Taxation is a critical consideration for any business. An LLC provides remarkable flexibility in this area.
This legal structure allows owners to choose how they want to be taxed, whether as a sole proprietorship, partnership or corporation. This flexibility enables businesses to avoid the pitfall of double taxation.
Enables creative management
Every business has unique management needs. An LLC offers business leaders the freedom to decide on the management structure that best suits the business.
Owners can opt for a single-member management setup or a multi-member arrangement. These options encourage a tailored approach that aligns with the organization’s goals and operational style.
Entrepreneurs who want to form their own LLCs may seek legal help to gain a deeper understanding of the advantages. By understanding these benefits, they can make smart choices that may set their companies up for success in the long run.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[5 FAQs about child custody in Indiana]]>https://www.chwlaw.com/?p=480352024-12-04T18:43:09Z2024-12-04T18:43:09Z1. What types of custody exist in Indiana?
In Indiana, there are two main types of custody: legal and physical. Legal custody gives one or both parents the right to make major decisions about the child's life. This includes education, healthcare, and religion. Physical custody determines where the child lives. Joint custody allows parents to share these responsibilities, while sole custody grants them to one parent.
2. How do courts decide custody?
When parents cannot agree on custody, a judge decides based on the child’s best interests. Indiana courts consider several factors, such as:
The child’s age and needs.
Each parent’s ability to care for the child.
The child’s relationship with siblings.
The stability of each parent’s home.
The child’s preference, especially if they are fourteen or older. Judges also examine any history of abuse, neglect, or substance abuse by either parent.
3. Can a child choose which parent to live with?
Indiana courts listen to a child’s wishes but do not always follow them. A child’s preference is one factor among many. By age 14, their opinion carries more weight. However, the court’s primary concern remains the child’s safety and well-being.
4. Are grandparents allowed visitation rights?
Yes. Indiana recognizes grandparents' visitation rights under specific circumstances. A grandparent may petition for visitation if it serves the child’s best interests. These cases often arise when one or both parents are deceased or divorced.
5. What happens if parents live in different states?
Indiana follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law prevents conflicts between states in custody cases. Custody jurisdiction is typically held by the state where the child has resided for the last six months.
Child custody decisions are often challenging for families. Understanding Indiana’s laws can help parents make informed choices. If you have specific questions about your case, consulting an Indiana family law attorney is a good step. They can provide personalized guidance based on your situation.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Building your Hoosier business on a solid foundation: Choosing the right legal structure]]>https://www.chwlaw.com/?p=480142024-08-27T01:45:44Z2024-08-27T01:45:44ZSole proprietorship: Simplicity with personal liability
The simplest and most common business structure, the sole proprietorship, offers ease of formation and minimal paperwork. However, this simplicity comes at a cost – unlimited personal liability. This means your personal assets, such as your home or savings, could be at risk if your business faces legal or financial challenges.
While a sole proprietorship might be suitable for low-risk ventures or freelancers, weighing the potential risks against the benefits is crucial. Consider whether the potential for personal liability is a risk you're willing to take.
Limited liability company (LLC): Flexibility and protection
The LLC offers a blend of simplicity and protection. It shields your personal assets from business liabilities, providing a crucial layer of security for entrepreneurs. Also, LLCs offer flexibility in management and taxation, allowing you to tailor your business structure to your needs.
Whether you're a solopreneur or have multiple partners, the LLC's combination of liability protection and flexibility makes it an attractive option for many Indiana businesses.
Corporations: Attracting investors and long-term growth
Corporations offer the most robust liability protection, separating your personal assets entirely from the business. They also provide a clear structure for ownership and management, making them appealing to potential investors and facilitating long-term growth.
However, corporations involve more formalities and complexities, including annual meetings and shareholder reporting. A corporation might be the right path if you envision your business scaling rapidly or seeking external funding.
Choosing the right business structure is pivotal in launching your Indiana business. Each structure offers unique advantages and drawbacks, and the ideal choice will depend on your specific circumstances, goals and risk tolerance. By carefully evaluating your options and seeking professional guidance, you can make an informed decision that sets your business on a path to success.
Remember, the legal structure you choose today can impact your business for years to come. Invest the time and effort to understand your options and make the choice that best aligns with your entrepreneurial vision.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Is your estate plan stuck in the past? Top reasons for a tune-up]]>https://www.chwlaw.com/?p=480092024-06-01T00:27:24Z2024-06-01T00:27:24Zrevisit and refresh your estate plan:
Life transitions: New additions and departures
Your family may also change with time. You may want to consider updating your estate plan for changes in your family, such as:
Family changes: Birth, adoption, marriage or even divorce can significantly impact your wishes regarding asset distribution and guardianship designations. An outdated plan may not reflect your current family dynamics.
Loss of a beneficiary: If a designated beneficiary named in your will or trust has passed away, you'll need to update your plan to reflect your current wishes.
New additions to the family, like grandchildren, can also be included in your estate plan.
Shifts in assets and finances
Just as you change as you grow older, so does your financial situation, including your assets. While minor changes may not necessitate a change to your estate plan, others may, including:
Acquisition of new assets: Significant purchases like a new home or investment property should be factored into your estate plan to ensure proper distribution after your passing.
Changes in debt: Fluctuations in your financial situation, such as paying off a mortgage or acquiring significant debt, can impact your estate's value and require adjustments to your plan.
It is also crucial to regularly review beneficiary designations on retirement accounts and life insurance policies, as these designations may supersede your will.
Legal and tax landscape updates
The laws are constantly changing. These may be in your favor or may mean you need to make changes to your estate plan to consider:
Changes in estate tax laws: Federal and state tax laws can evolve. An outdated plan may not take advantage of current tax-saving opportunities or leave your heirs with a higher tax burden.
New laws and regulations: Estate planning laws and regulations can change, potentially impacting the validity or effectiveness of your existing plan.
Consulting with an estate planning attorney periodically lets you stay updated on any legal or tax changes that might affect your plan.
Personal re-evaluation: Aligning your wishes with your values
Your values and priorities might evolve over time. Reviewing your estate plan can ensure it aligns with your current wishes regarding asset distribution and charitable giving.
If you experience a significant health change, you may need to update your healthcare directives, such as your living will or power of attorney for healthcare.
Your estate plan is a reflection of your wishes. A periodic review allows you to ensure it continues to represent your values and intentions.
Taking action: Scheduling your estate plan tune-up
Be sure to revisit your estate plan before a major life event. Schedule regular reviews with your estate planning attorney, ideally every 3-5 years. This proactive approach ensures your plan remains effective and reflects your current wishes.
By taking these steps, you can have peace of mind knowing your loved ones will be cared for according to your desires, even as your life unfolds.]]>On Behalf of Coots, Henke & Wheeler, P.C.<![CDATA[Knowing when you need a prenuptial agreement]]>https://www.chwlaw.com/?p=480072024-03-13T05:00:36Z2024-03-13T05:00:36ZYou own a business
One of the biggest reasons to need a prenuptial agreement is that you own a business. It can keep it and everything you’ve achieved safe so that you won’t have to give your spouse a portion of its value if you divorce.
You have a large inheritance
If you received a large inheritance, you might want to keep it solely for yourself. A prenuptial agreement ensures it remains untouchable. Without this legal document, if you end up in divorce, your inheritance would be divided. Even if you were allowed to keep it, you might have to split the value of it with your spouse.
Protect yourself from debt
Divorcing spouses are often responsible for sharing debt, but this can be burdensome. A prenuptial agreement can protect you from having to pay any portion of the debt your spouse racked up during your marriage. It can be a lifesaver especially if they have a significant spending habit or gambling problem.
You have children
Prenuptial agreements also benefit your children and ensure you can leave them an inheritance. If you have kids from a previous relationship, the document prevents your spouse from getting their hands on any assets you plan to leave them if you get a divorce.
Prenuptial agreements are more common than you might think. They can protect you and your family if your marriage doesn’t work out.]]>