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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
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
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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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.
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
has been open for 13 years
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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
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.
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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
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
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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
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
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
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