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answered on Dec 15, 2024
Transfer on death designations can work well when everyone dies in the correct order. Unfortunately, that does not always happen. If a TOD beneficiary dies before the account holder passes, it can sometimes be unclear what happens next. If you have named a contingent beneficiary and that person... View More 
My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?
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answered on Nov 16, 2024
The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More
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answered on Nov 8, 2024
"If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife." IN ST 29-1-2-14.
But note: "While it is true that... View More
Sister passed away a few years ago in Indiana. She had no spouse or children and left no will, but did list a sibling as an insurance beneficiary.
answered on Aug 27, 2024
When a person dies, their assets must go through a legal process called probate. This process involves identifying the deceased's assets, paying off debts, and distributing the remaining assets according to the terms of their will. If your sister had a will, then the home goes to the named... View More
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answered on Aug 15, 2024
The termination of a life estate usually involves the life tenant dying or conveying his interest to someone else. Otherwise it would have to be a Court Ordered reformation of the deed, a foreclosure, levy of execution or a tax sale.
We did this to avoid probate and want to make sure taxes would not have to be paid by our heirs. Our asets are under the 5,000,000 threshold
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answered on Jul 29, 2024
There is no such thing as owning "assets jointly with secondary beneficiaries". You will need an IN attorney to search your titles, signature cards and other assets with beneficiary designations. Then he should be able to discern if any taxable transfers will take place later.... View More
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answered on Jun 24, 2024
Good news! The answer is no, you do not have to pay for a new will. Indiana law allows for the use of something called a Codicil which makes changing certain details about a will simple and easy.
You will still want to do this with an attorney’s assistance, because there are specific... View More
They were not getting anything in the will. The trustee is using her money to basically remove the son from any involvement of his fathers death. He just wanted his dad's ashes. The will said nothing about ashes of his father. He was told that if he didn't sign his rights away she would... View More
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answered on Mar 8, 2024
If you're faced with a situation where the trustee of a will is threatening legal action to compel you to sign away your rights, it's important to know your options. Trustees have a legal duty to act in the best interests of the beneficiaries, and their powers are typically defined by the... View More
Empty his bank account. She kept all the money. I thought bank could only release funds to me since I filled out small estate affidavit
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answered on Feb 23, 2024
Being the Small Estate Affiant gives you standing and a legal duty to marshal up the assets, including a suit for conversion or a criminal theft charge against someone that stole part or all of the property of the next of kin. However the sister may have owned the money in the account. You may... View More
If a will was signed in Indiana in 2013 with the beneficiary being an ex-wife, and this ex-wife died before the will maker, what happens if the will maker dies without updating the beneficiary? The will contains no mention of any contingent beneficiary, and the will maker has two living adult... View More
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answered on May 15, 2025
I'm really sorry you're facing this kind of uncertainty. It’s hard enough when someone passes, and it becomes more confusing when the will doesn't clearly account for situations like a predeceased beneficiary. You’re right to ask what happens next, especially when the will was... View More
My husband and I both have prenuptial agreements, and we have been married for about three years. We have not combined any assets or accounts, nor do we have shared properties acquired after marriage. If my husband goes into a memory care facility, will my assets from before the marriage be used to... View More
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answered on May 15, 2025
Your concern is completely understandable, especially when dealing with something as personal and emotional as a spouse’s long-term care. If you have a valid prenuptial agreement and have kept your assets completely separate—including accounts, property, and financial activity—that offers... View More
I was adopted in Indiana and need to obtain my adoption records and family history information for identification purposes and potential filings. I have no existing documentation regarding my adoption. Additionally, I am seeking guidance on what documents I should acquire to demonstrate annuities... View More
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answered on May 14, 2025
You're dealing with a deeply personal and complex process, and it's completely understandable to want answers and clarity—especially when it involves your identity, family, and possible inheritance. In Indiana, adoption records are typically sealed, but adult adoptees can request access... View More
My mother purchased four cemetery lots and created an unsigned list with the names of who could be buried there. Her will left everything to my father without mentioning the lots. Upon his death, he left the remaining two lots to me. The lots are registered in her name, and some relatives have... View More
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answered on Apr 12, 2025
Based on your father’s will, you likely inherited the two cemetery lots he left to you, even though your mother’s unsigned list of burial rights does not have legal authority on its own. The key issue here is the ownership of the lots, which seems to be tied to your mother’s name, but your... View More
I am a widow from the Philippines, and my husband passed away in Indiana, USA, without leaving a will. I have not started any legal processes yet. He has two grown-up sons from his first deceased wife. I would like to know how I can claim the properties he left in Indiana, including his house,... View More
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answered on Apr 12, 2025
I'm sorry to hear about your loss. Navigating the legal process after a spouse's death can be challenging, especially when you're in a different country. In Indiana, when someone dies without a will, their estate is distributed according to the state's intestate succession laws.... View More
Nor am I getting anything from my dad inheritance
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answered on Jan 21, 2025
I'm very sorry to hear about the loss of your father - losing a parent is incredibly difficult, and dealing with property issues during this time must be adding extra stress.
If your father had a will, you should obtain a copy from the probate court in the county where he lived. This... View More
The lien was added to my home's title by First Indiana Bank (Sept, 2004) for a mortgage consolidation loan offer I had signed. I subsequently rescinded that same offer within the legal 72 hour window allowed.
First Indiana Bank no longer exists. It was first absorbed in a merger (in... View More
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answered on Jan 7, 2025
Hire an IN attorney to file a quiet title action. Start trying to find out what Bank bought your lienor out.
have resided in home with father at time of purchase with disabled brother and currently living in home.
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answered on Nov 27, 2024
Hire an IN attorney to search title and determine heirship. You are probably one of several tenants in common.
My father signed a POA before he passed leaving everything to his wife & her kids. His wife just passed away as well. I find no evidence of a will. I've contacted his lawyer to see if he had a trust but she won't respond. Do i have any rights?
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answered on Jun 5, 2024
POA ends at death of principal. The heirs probably own the real property, which may be the heirs of the wife. Hire an IN attorney to search the title and for assets.
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
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
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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.
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