Q: Mo from IN. Visit (IL) since Nov 2016; took ill (17) and died Feb 1 (18) . File will in IL or IN; any advantages?
Mo was widow. I am only child & executor; assets - 60% (me) and 40% to my children; no other rel. Her house is in Indpls. Less than $100,000 assets, including house.
A:
The RESIDENCE of the person who has passed determines where probate is appropriate. Whether or not there was a 'visiting when died' or the LENGTH of time there was a visit is not really relevant. The LEGAL RESIDENCE of the deceased is what governs. If it can be argued there is more than one legal residence, bear in mind that if there is real estate there may be a need to open ancillary probate in that state even if that is not the state of residence. THUS if you can argue the real estate and the residence state are the same, it will cost less since you only need one proceedings.
So from your facts, Mo was a RESIDENT of IN and her real estate is there too ... file in the County where she resided (Indianapolis?) to finalize everything in one court. I would urge you to consult with a local IN attorney to insure you do everything right there however. Rules vary by state and even by county, so a local attorney is the way to go.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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