Asked in Probate for Indiana

Q: What if there was no will when my mother died with sister having power of attorney 5 siblings no probate filed

Mom passed away in May I know my sister filed for an affidavit for estate on the 12th of September but won't give any info to sibs

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: First, the power of attorney has no effect after the principal dies.

Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help you probate your mother's estate. Your sister does not have any greater rights than you do simply because she had been your mother's agent under a power of attorney while your mother was living.

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