My aunt is my mother's POA. I'd like to know when her authority ends and the living will takes place. She's refused to let me take any of my mother's possessions on grounds of settling her estate. I'm her only daughter and sole heir. Is there any possible way to see these... View More 
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answered on Apr 19, 2020
A living will expires at death. You probably mean you want to see the will. A probate is usually required to administer an estate. If a probate case has not been started then you can hire an attorney and start one yourself. Then the court can order your aunt to turn over the will.
answered on Mar 27, 2020
Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership... View More
My Dad to be the owner of my estate until my daughters are of age to take over. I do not want my ex-wife to be in charge of my estate since my daughters are only 7 and 10. How would I do this? I have a will, but it is when I was married
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answered on Mar 24, 2020
A revocable living trust would suit your purpose quite well. You would leave your estate to your dad in trust for your children. There are many, many other issues to consider but that is the essence of it. You might also think about using a professional trustee instead, however. I say that because... View More
answered on Mar 9, 2020
You can look on mycase.in.gov or doxpop.com. If you cannot find it there you can contact the Clerk's Office in the county were the case was filed.
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answered on Feb 28, 2020
Please repost with your question. Just remember that in this forum attorneys cannot give individualized advice. We can only answer questions of a general nature.
Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!
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answered on Feb 26, 2020
If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive... View More
She will be 91 this month. In pretty good health but may need some in home assistance or go to an assisted living facility at some point in time.
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answered on Feb 15, 2020
Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime... View More
My grandmother passed away with no will and no lawyer contact information. My father (her son) is still living and has taken things such as jewelry, her vehicle, bank and credit cards into his possession. With no will do these things automatically go to him?
answered on Feb 12, 2020
If your relative died with no will and you believe that a probate estate should be opened, you should contact a probate attorney in county where your relative lived to discuss setting up a probate estate.
Assets do not automatically past to surviving kin without probate or a probate... View More
answered on Feb 12, 2020
In Indiana, if you are in possession of a person's will at the time of their death you have a duty to spread the will of record. Even if you are not probating the will (establishing an estate, appointing an executor, etc.) the will still needs to be entered into record.
You are under... View More
Mother's husband held POA and removed my mom from the deed, then did a transfer on death to my sister. Thank you in advance.
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answered on Jan 27, 2020
With the POA he may have had the apparent legal authority to do that, but depending on a variety of factors, that might have been a breach of fiduciary duty (or not). More facts are needed. You should consult with an elder law attorney if you have concerns.
She passed away over 18 months ago and I'm just now getting around to making a couple of updates. Do I need to put in that I was preceded in death by my spouse and name her? Or it doesn't matter?
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answered on Jan 20, 2020
You don’t HAVE to list her or mention that she is deceased for the will to be valid but it can be very helpful information to include when the time comes to administer your estate.
answered on Jan 17, 2020
Generally, the named executor can waive their right to serve and if there is a second named executor they can apply to serve. If there is no second named executor then a person can apply to serve with the consent of the beneficiaries and approval of the Court.
she wants to leave her assists to me and her granddaughter what process would this detail thank you for your help
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answered on Jan 15, 2020
An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes... View More
I'm trying to get ready for my daughter's hearing at the end of the month in January for disability but I don't know what to look for or what the judge is going to consider
answered on Jan 6, 2020
I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and... View More
I have no idea how any of this works, but she’s telling me the home needs maintenance and my and my brother need to sign estate papers giving her the home? Should I do this?
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answered on Nov 18, 2019
You should have the papers reviewed by a probate attorney before you sign them.
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answered on Nov 10, 2019
What is your question?
Parents want to set up either refinancing to help daughter have money to build house on parents land. Current house and land parents want to go to daughter anyways.no current will is set up. Does daughter need to buy estate from parents? Or do parents set up a will and also life estate? Don’t... View More
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answered on Oct 29, 2019
For an experienced estate planning attorney, this is easy. The best way to avoid probate is to transfer the property to a trust that provides for disposition at death. What kind of trust depends on other goals, priorities, and concerns.
My wife and I simply want to add a transfer on death to our house in case something happens to both of us?
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answered on Oct 21, 2019
There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.
answered on Oct 20, 2019
You can search for a lawyer by clicking on "Find a Lawyer" at the top of the page. If you wish to contact our firm, you can click on my name to get our contact information.
answered on Oct 20, 2019
Your question leaves out a lot of information that a lawyer will need to give you definitive advice, but the first thing that comes to mind as something that may meet your goals is a transfer-on-death deed.
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