Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?
Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.
If you have additional questions, feel free to contact...View More
Even though everyone is in agreement, in order to transfer property from your mother to you and your siblings you will need to hire a probate attorney to open and assist in administering your mother's estate.
When the estate is opened a personal representative is appointed who has...View More
Yes, Indiana is a no fault state. In Indiana, the petition for dissolution typically states there has been an irretrievably breakdown of the marriage. The Court may take a party's behavior or actions into account when determining custody and parenting time for children and/or an equitable...View More
What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it
In regard to legal fees, if there is a disparity in income, an attorney can petition the Court for your spouse to pay all or part of your legal fees. Further, if there are assets that will be sold or assets you will acquire in the divorce, some attorneys will be willing to wait till the divorce is...View More
This would be when they're still living together but they decide they no longer want to live together and they're going to get a divorce but have not filed for divorce. I want to know if my husband can legally take any possession he wants out of the house
Unfortunately, until there is an Order from the Court or you reach an agreement as to who gets possession of certain property both of you own the property. Therefore there is not much you can do to prevent your spouse from removing property from the marital residence. I recommend taking pictures...View More
After divorce I am wanting to move across town, 20-30 minutes. We are in a bitter divorce to be decided by the court. Can they make a person stay in a particular town/school district? Have school aged children. It just sounds like ex is bitter and wanting to stay in control.
In Indiana, if you want to move you are required to file a Notice of Intent to Relocate w/in 90 days of your anticipated move. If the non-custodial parent objects, then the Court will set the matter for hearing and review issues such as custody and parenting time.
I was married and divorced in Florida and i used my ex last name during the marriage but when we both were separated i didn't know that i need to ask for my maiden name back. Now i couldn't get my maiden name back as it is not mentioned in my divorce decree. Currently am living in Indiana... View More
Unfortunately, since you did not change your name in the Divorce Decree, you will need to Petition for a Name Change in Indiana. The Indiana Supreme Court has a "self service" section that has some online materials on how to file for a Name Change. I included the link below:...View More
I would need to know more details about the case to give you a better answer, but I assume you have 2 cases going. The Divorce court ordered her to pay 1/2 the cost, but there is a Civil case where both of you are liable for the house issue.
Unfortunately, you are still responsible for...View More
I have supported him completely for the last 20 years. He has his own business, but none of the money from that business was contributed to the family income. I paid for the past two years of our daughter's college, have paid every bill, have made insurance payments for his life, car, etc.,... View More
In Indiana there is a presumption of 50/50, however you can rebut that presumption by making arguments you raised in your initial question such as contributions made by the parties, inheritance, etc...
I agree with the previous response that you need to seek legal counsel to assist you in...View More
First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights....View More
She up an left the house in summer of 2017 she told me keys were on counter that it was mine again. An after 7 months of cleaning she had me thrown off property she lives at another house we both live in Lagrange Co. Indiana. House in question is at 104 cemetery st Wolcottville, Indiana please help... View More
I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt...View More
I am legally separated and have been for the past eight months. I am paying child support now. When we go to final decree, At which point is the gross income calculated for the new child support figure? In other words do I pay the existing child support amount or is it calculated by my wife’s... View More
When you file you petition to convert the legal separation to a divorce you can request the Court to determine child support, so should be able to address any changes in support in the divorce proceeding.
However, if you are not filing to convert to dissolution anytime soon, I recommend...View More
For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial...View More
My husband’s father, a resident of Elkhart City, passed away in May. He did not leave any paperwork designating an executor/administrator/personal representative to his estate; although he did have a will.
My husband has three siblings (all are adults). All four of them are in agreement... View More
After her appointment as Personal Representative, your husband's sister will typically file an Inventory with the Court, which is public record. As Personal Representative she should provide copies of the inventory, asset info, etc... to beneficiaries. However if the estate is unsupervised,...View More
Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... View More
Yes, typically parties file for Divorce first, then work on a settlement agreement.
If you are trying to expedite the divorce, then I recommend filing as there is a 60 day waiting period before the Court will take any final action on the divorce such as approving your settlement...View More
Not filed probate yet. Stepfather' s lawyer said he cannot file with a copy of the will. How can I force the stepdaughter (my stepsister) to start probate? I have no idea if I am a beneficiary in the will and no way of finding out because lawyer can't tell me what is in the will and step... View More
In general you need the original Will to open and estate, however in certain circumstances you can open an estate w/ a copy of the Will. In this case, if someone has the original Will and fails to produce it or it's in the "lock box" at the bank, etc... You can open an estate with a...View More
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