Lawrenceburg, IN asked in Estate Planning for Indiana

Q: Do i have to file a will or power of attorney or declaration of trust in the state of indiana

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

A: In Indiana, if you are in possession of a person's will at the time of their death you have a duty to spread the will of record. Even if you are not probating the will (establishing an estate, appointing an executor, etc.) the will still needs to be entered into record.

You are under no obligation to file a power of attorney with a court. A power of attorney is not a document that a court gets involved with unless there is a dispute to its validity or the attorney in fact is accused of wrongdoing. This is very different from a guardianship which is court supervised and requires a court order to obtain.

Similarly, a trust is not a document that is usually deposited with a court unless the trust is being contested. There is no obligation to file a trust with the court unless there is litigation against the trust, trustee or beneficiaries.

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