Greenwood, IN asked in Estate Planning and Family Law for Indiana

Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

We have been married for 6 years. The house and all vehicles are in both my husbands and my name. What would happen to our assets if he passed without a will?

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Estate Planning Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will, he will be treated as having passed intestate. This means that his assets will be distributed according to Indiana laws rather than his wishes if he had had a will. Any assets that you own jointly with rights of survivorship will pass to you automatically. Anything that is in your husband's name though will remain in your husband's name until a probate estate is opened and the assets get transferred.

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