Greenwood, IN asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana

Q: 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

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

Oh and the bank account the son never put any money into all her social security checks added up over years

1 Lawyer Answer

William J Webster

Answered
  • Probate Lawyer
  • Westfield, IN
  • Licensed in Indiana

A: In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of your brother.

The above transfers would have occurred regardless of whether your mother had a Will or not. If the house was owned as tenants in common, then you will need to open an estate to transfer your mother's interest to her heirs at law (since there was no Will), which presumably will be her children in equal parts.

I hope the above answers your question. If you have additional questions, please feel free to contact me at 317-565-1818.

-Will

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