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Questions Answered by William J Webster
1 Answer | Asked in Probate for Indiana on
Q: Grandfather passed leaving Dad as soul recipient in his will. During probate Dad passed away.

Dad contacted the estate attorney stating he wished to gift grandpas house to me during probate, the lawyer advised to wait. Dad passed leaving me as the executor of the estate, and my brother 50/50 hairs, and the court made me the executor of grandpa's estate. My brother knows dad wanted to... View More

William J Webster
William J Webster
answered on Apr 10, 2018

First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then... View More

1 Answer | Asked in Probate for Indiana on
Q: How is inherited co-owned property split when one owner passes away? Both owners are married with no will.

My sibling and I inherited property when our parents passed. She was not married at the time of inheritance, but is now. I was married at the time of inheritance. The property is in our names only. Does the inherited property go to the spouses if one of the owners pass?

William J Webster
William J Webster
answered on Apr 6, 2018

Not necessarily. The spouse will receive the property only if there are no surviving children or no surviving parents of the decedent (individual who passed away). If there is a child the spouse will only receive 1/2 of the estate, 3/4ths if there is no child but decedent's parents are... View More

2 Answers | Asked in Divorce for Indiana on
Q: Still 50/50 distribution of debts and assets?

My husband lost his job a few weeks after he told me he wanted a divorce and left me (completely out of the blue). It's been 2 months and he has yet to find another job. If I file for divorce, will debts and assets still be split 50/50, even though he is only getting unemployment? (We earned... View More

William J Webster
William J Webster
answered on Mar 28, 2018

In Indiana the law presumes a 50/50 distribution of the marital estate. There are factors that rebut the 50/50 presumption. One of the factors includes income disparity between the parties. If you and your spouse historically earned similar amounts during the marriage, in my opinion his... View More

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