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answered on Feb 1, 2018
The person should use a form that is accepted in IN if you will be exercising the power in IN. The person should check with an IN attorney if there are any restrictions of an out of state resident holding POA. The person should notify banks or other institutions that you have been appointed, and... View More 
answered on Jan 12, 2018
Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.
answered on Dec 5, 2017
If your husband is not competent, you aren't going to be able to get a PoA. You will need to get a guardianship/conservatorship over his property to handle such a transaction.
Seek local legal advice to see what, if anything, short of a full court proceeding can be done here.... View More
answered on Nov 19, 2017
There are advantages and disadvantages, and it really depends on what you want and expect.
There is NO 'one size fits all' will just as not everyone needs a size 18 shoe. I STRONGLY URGE you to consult with a local FULL SERVICE estate planning attorney. DO NOT fall for the... View More
Dad died. His Will says that when mom dies the 2 kids get equal shares. Mom's Will says 1 kid gets all when she dies. Which Will holds precedence upon mom's death.
answered on Oct 12, 2017
Assuming that your father's will is read as 'everything to my wife and when my wife dies, to the two children,' your mother's will is going to be controlling in this situation. Once your father passed away and it left everything to your mother, your mother now owns that property... View More
Aunt passed away. I am her heir. Non relative has cleaned out property and says she has will . Deed and all utilties still showing in my deceased relative's name which is why I filed affidavit. If non-relative actually has a will ,can it still be filed and does it supercede my affidavit?
answered on Aug 24, 2017
An heir or beneficiary can probably file to have the will probated, and if it is admitted, it would likely override your affidavit, if it conflicts with the Will. You yourself can probably petition the court to be appointed Administrator With the Will Annexed, in effect forcing the God-daughter to... View More
My husband wants to agrue i was told they would go to an aunt or uncle but he said its the grandparents. I just want to know in case something was to happen
answered on Aug 11, 2017
You're both right and you're both wrong. Who would get your children is up to the determination of the court in accordance with the best interests of the child. This is usually a family member. Whether that is the aunt and uncle or the grandparents is up to the court.
That said,... View More
together in a common law marriage for over 30 years?
answered on Aug 2, 2017
Indiana hasn't recognized common law marriage since the 1950's. It may be possible that you moved from a state where common law marriage was recognized, you claimed it previously and have continued to claim it with the State of Indiana. In that case, you may be able to have a recognized... View More
will! can I put it on my property to keep her from selling it?
answered on May 15, 2017
I'm not sure who 'she' is but I'm going to assume that it is your father's wife or another family member or friend who has been designated the executor or personal representative of the estate when your father passes.
No, you cannot take your dad's tractor and... View More
My father predeceased her, leaving everything to her as his survivor. When she died, she left everything to her children, (cutting out both my brother and myself) with the exception of the aforementioned trust. All of this took place in Indiana.
answered on Apr 7, 2017
It might, but the chances are slim. It will come down to what the provisions in the trust say. Chances are high that you do not have a copy of the trust so you cannot check on your own and you have never actually read the provisions of the trust. If your stepmother cut out your brother and yourself... View More
How do I go about determining whether, in my father's (Indiana) revocable living trust/will, there are conflicts of interest as to the drafting attorney's representation of both my father and his unmarried co-habitant lady friend, her daughter being a personal representative of "some... View More
answered on Mar 18, 2017
Your father does not have to provide you a copy of the will or trust. The lawyer will definitely not give you a copy of the will or trust either. Why would the lawyer have to meet with you and your father? The lawyer works for your father, not you.
As for conflicts of interest, there may be... View More
answered on Mar 10, 2017
I suppose theoretically you could opt out of the unlimited marital deduction between spouses and deceased spouses' estates. Why you would opt out of the unlimited marital deduction is beyond me though.
Does she have to wait until the estate is processed?
answered on Mar 4, 2017
A power of attorney (POA) is only in effect while the authorizing person (principal) is alive. A POA does not survive the principal's death. Therefore, when the principal or authorizing person passes away, the POA is no longer in effect. The only person who is able to legally transfer the... View More
My mother recently passed away. Trying to get things taken care of, my sister called the mortgage company to inform them of her passing. While speaking with someone, she asked about us assuming/taking over the mortgage. (My mother willed her mortgaged home to both my sister and I) They told her,... View More
answered on Mar 3, 2017
The mortgage (to be enforceable) needs to be recorded with the land records in the county where the land is located. Go look it up there if you can't find your mother's copy.
There ARE some mortgages that are 'non-assumable' and that should be spelled out in the... View More
answered on Feb 27, 2017
The SHORT answer is you need to seek local legal help ASAP to insure you do this right.
The longer answer is 'it is not clear from the facts you present what you should do.' It SEEMS like the check was made out to you personally in error, and it SHOULD have been made to the... View More
our names are on the property, investments, bank accounts. we have no disputes. do we need an estate attorney? we are going to sell the property which is 40 tillable acres and 7acres with buildings.
answered on Mar 2, 2017
If you and your brother are already properly titled on all of your mother's assets and do not have to go through the probate process then you most likely do not require the assistance of an estate planning attorney.
That said, if there are issues with the title or your mother remains... View More
I went to county clerk office to get petition, they told me I have to get it from illini.
answered on Jan 22, 2017
I am not sure why you need a lawyer. Indiana will recognize a valid Illinois guardianship.
The will specifies the property is to be sold and split 4 ways. Items are disappearing and lots of traffic in the home.
answered on Jan 16, 2017
As Personal Representative (which is what Indiana and many other states now call 'executors') once your Father dies you have a DUTY to both file for probate and 'marshal the assets' which means protecting them. If things are disappearing and you don't have control of the... View More
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answered on Oct 17, 2014
You're probably talking about a so-called "living trust" which is revocable by the grantor until the grantor's death and then converts to an irrevocable trust. The answer to your question depends on the language of the trust instrument, probably called a declaration of trust or... View More
answered on Sep 4, 2014
I'm not sure what you mean by special provisions. In your will you can name heirs to the property, or you could put the property into an irrevocable trust with yourself as the beneficiary for life with a remainder in whomever you'd like to name as an heir or heirs.
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