My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?
answered on Sep 14, 2023
No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.
Now if your brother's criminal case was for... View More 
House he’s not married I am the only child
answered on Jul 17, 2023
As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More
My parents, now deceased,put their home in a trust for my younger mentally handicapped brother. My eldest sister is the trustee of the house in which they both live.
The condition of the house is deteriorating rapidly. What can be done?
answered on Jul 13, 2023
Hopefully your parents had the foresight to leave sufficient funds in the trust to maintain and repair the home. If so, your brother can ask your sister as the trustee to use the available funds in the trust to make appropriate repairs and perform the necessary maintenance to prevent further... View More
Although I don't know exactly what the revisions were, the children are not receiving most of the benefits of the will. There is some question as to the one parent's mental state, who was declining and possibly there was undue influence.
answered on May 12, 2023
Your suspicions may be well founded, but I don't think anyone can give you satisfactory answers to your questions in this forum. You should hire an attorney who handles estate planning and probate matters, lay out everything you know, and get the lawyer's advice on your chances of... View More
He now wants to include her in the will. He wants to make all the decisions on this and will not let his adult children help make this decision. He has some dementia, gets confused easily and should probably be in a nursing home. As of right now he had a will made out 7 years ago with me being the... View More
answered on May 22, 2022
Up front, it is important to remember that your father's property belongs to your father. He can give it to whomever he wants at any time.
With that said, the situation you describe does raise some red flags.
First, there is the issue of your father's capacity to make... View More
Out online. On the drive from California I selected one and she put in an offer. I met her 2 hours after closing at which time she delivered me the keys and told me she was going to go home right then and do a quick claim deed. Shortly after we got into a disagreement. I have been here for almost... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023
In TN, and most all States, any promises to convey land must be in writing. Otherwise it violates the Statute of Frauds.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023
A special needs attorney can help you create a first party special needs trust or join a pooled trust or spend it quickly on nondisqualifying things.
has been open for 13 years
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023
You probably have standing, but what are your causes of actions? That is, what have they individually did wrong? The Closing of the Estate is ordered to prevent your suits, but might be reopened if fraud present. SOLs may bar suits. Hire an IN attorney to examine possible cases. There may... View More
I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2023
Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... View More
My living trust has a section covering the distribution of my daughter's trust share upon her death. It says that her share will be distributed in equal shares to each of the "Living Descendants of My Daughter". My daughter has 4 children (my grandchildren). The trust document has a... View More
answered on Feb 7, 2023
(1) 1/4 to each grandchild
(2) 1/8 to each grandchild and great-grandchild
My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... View More
answered on Jun 5, 2021
This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,... View More
During a 30-min consult last January, atty quoted a flat $80 to write a will. It all seemed fairly straightforward, until he wanted to write himself into my will "in the event that my heir and I die at the same time." At the end of the meeting, he tried to close the deal: I told him... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2021
If everything you say is true, you should file a complaint with the State Bar of Indiana. You can find their phone number online. It is an ethical violation for an attorney write himself into the will of a person for whom he is not a natural heir. It might also be an ethical violation not to... View More
Beneficiary legal rights. And someone contesting the will.
answered on May 10, 2021
You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.
https://www.justia.com/lawyers
My mother is currently in the hospital, and there is the possibility of her dying. My sister and I want to be co-agents on a durable power of attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2021
You can definitely be co-agents. If you do that, be sure the POA is clear on whether you have independent authority or must act together.
You would not meet with any success trying to get any third party to honor an "oral" power of attorney.
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
answered on Nov 21, 2020
If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.
Sister (trustee) added at disbursement time, once check is cashed I can not pursue any further recovery from her or estate, which I plan to do. Actually needed that money to pay for my lawyer.
Thank you in advance!
answered on Sep 12, 2020
Generally speaking, it is a normal part of the trust administration process to seek a release of liability for the Trustee when finalizing a trust administration. You do not have to sign; however, it would likely hold up the process for you receiving your distribution (and maybe others) from the... View More
So my mother is in a nursing home and on Medicaid. The nursing home itself revives her social security check, and I was delivering her retirement from Chrysler. She receives this because her ex husband work there and they were married 40+ years. He recently passed away and her payments from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2020
That is actually a really good idea. As soon as the lump sum is received you can use it to purchase a prepaid funeral plan. But you should check with an Indiana elder law attorney as to whether there is any limit on how much can be deployed in that fashion and still be considered a noncountable... View More
cash only estate of about $250,000. All his money is in bank accounts in which I am listed as a co-owner. He has a will. When he passes can I then distribute his money to the beneficiaries listed on his will or will probate be necessary?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2020
Probate will be necessary if he has not already designated death beneficiaries for his bank and brokerage accounts. That would have been done by signing forms at the bank and with the broker.
My aunt is my mother's POA. I'd like to know when her authority ends and the living will takes place. She's refused to let me take any of my mother's possessions on grounds of settling her estate. I'm her only daughter and sole heir. Is there any possible way to see these... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2020
A living will expires at death. You probably mean you want to see the will. A probate is usually required to administer an estate. If a probate case has not been started then you can hire an attorney and start one yourself. Then the court can order your aunt to turn over the will.
answered on Mar 27, 2020
Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
