Lafayette, IN asked in Probate for Indiana

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 give me the house and has no problem with this, no interest in grandpa's estate. The lawyer stated the property will need to go into dads estate and my brother has to be deeded 50% of grandpa's house becouse dad passed while still in probate, then my brother will have to re-title to me. IC 32-17.5-4 covers a "Disclaimer of interest in property" explains disclaiming interest in a property, and this would seem much more direct keeping the two estates seperate. The lawyer will not respond to this question (or any question) until my brother and I sign a letter of permision to open dads estate but we are hesitant unsure if we are getting good legal advise. Is it possible to keep estates seperate?

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1 Lawyer Answer
William J Webster
William J Webster
  • Probate Lawyer
  • Westfield, IN
  • Licensed in Indiana

A: 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 may have a potential issue. If your brother disclaims then would go to his children. You want to make sure if your brother disclaims, that the property goes to you.

I would need more information about the Will and the estate to give you a better answer. If you have additional questions, please feel free to contact me at 317-565-1818.


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