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Indiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Indiana on
Q: How can the named executor of a estate be changed to someone else. The ones named are not wanting it.
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally, the named executor can waive their right to serve and if there is a second named executor they can apply to serve. If there is no second named executor then a person can apply to serve with the consent of the beneficiaries and approval of the Court.

1 Answer | Asked in Estate Planning for Indiana on
Q: My mom and brother and sister are part of a trust or estate she gets 500.00 a month but can ask for more

she wants to leave her assists to me and her granddaughter what process would this detail thank you for your help

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes... Read more »

1 Answer | Asked in Estate Planning and Social Security for Indiana on
Q: What does the judges consider when going into disability hearing for my child

I'm trying to get ready for my daughter's hearing at the end of the month in January for disability but I don't know what to look for or what the judge is going to consider

Lakeyta Brown
Lakeyta Brown answered on Jan 6, 2020

I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and... Read more »

1 Answer | Asked in Estate Planning for Indiana on
Q: My father died a year ago, now his wife is contacting me Telling me to sign a estate paper to sign the house over

I have no idea how any of this works, but she’s telling me the home needs maintenance and my and my brother need to sign estate papers giving her the home? Should I do this?

Nina Whitehurst
Nina Whitehurst answered on Nov 18, 2019

You should have the papers reviewed by a probate attorney before you sign them.

1 Answer | Asked in Estate Planning for Indiana on
Q: my laywer stole my estate money when i was the sole owner
Nina Whitehurst
Nina Whitehurst answered on Nov 10, 2019

What is your question?

1 Answer | Asked in Estate Planning for Indiana on
Q: How can parents leave house and land to daughter legally without probate

Parents want to set up either refinancing to help daughter have money to build house on parents land. Current house and land parents want to go to daughter anyways.no current will is set up. Does daughter need to buy estate from parents? Or do parents set up a will and also life estate? Don’t... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

For an experienced estate planning attorney, this is easy. The best way to avoid probate is to transfer the property to a trust that provides for disposition at death. What kind of trust depends on other goals, priorities, and concerns.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on
Q: Do you need a lawyer for transfer on death?

My wife and I simply want to add a transfer on death to our house in case something happens to both of us?

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.

2 Answers | Asked in Estate Planning for Indiana on
Q: We live in Indiana and wish to do a transfer on death deed We are husband and wife ownership
Michael R. Smith
Michael R. Smith answered on Oct 20, 2019

You can search for a lawyer by clicking on "Find a Lawyer" at the top of the page. If you wish to contact our firm, you can click on my name to get our contact information.

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1 Answer | Asked in Estate Planning for Indiana on
Q: We live in Indiana and my wife and I wish to add beneficiaries on our house How is that done?
Michael R. Smith
Michael R. Smith answered on Oct 20, 2019

Your question leaves out a lot of information that a lawyer will need to give you definitive advice, but the first thing that comes to mind as something that may meet your goals is a transfer-on-death deed.

1 Answer | Asked in Estate Planning for Indiana on
Q: I own a home and have willed it to my children and granddaughter is there away the property cannot get another loan?

my wish is that the home stays mortgage free permantly

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Yes, there is a way using a testamentary trust or revocable living trust. This is not a do-it-yourself project. You should hire a very experienced estate planning attorney to assist you with this.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Do I qualify for survivorship?

My name is posted online as the second owner and in the recorders office. My quickclaim was recorded and I have a reciept. What is needed to change myself to the primary owner? My family says a probate is needed, but online I read survivorship. Also my mother was ill and used alias names as she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

It is not possible to answer your question without reviewing the deed and obtaining additional information. Your best bet is to contact a local real estate attorney and schedule a personal consultation.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: in indiana, is a likely beneficiary entitled to see a testator's will before the testator dies?

testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?

Nina Whitehurst
Nina Whitehurst answered on Aug 19, 2019

No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Mother and stepfather owned a home mom died in 2013 he took her name off title now wants to sell

This is in pennsylvania...They had no kids together but Mom has 4 children surviving. He is selling the property are we etitled to a portion as there was no will left.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 9, 2019

I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Indiana on
Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 19, 2019

This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Indiana on
Q: One of the executor of my mothers estate is living in my mothers house for 2 months since her death. She won't leave.

We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 21, 2019

You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.

1 Answer | Asked in Estate Planning for Indiana on
Q: I am trying to file per se for my mothers estate. She did not have a will. Can we file without an attorney in Indiana?

My brother and I are the only heirs and the estate is solvent. We would both petition for Personal Representative. It is a simple estate and wanted unsupervised .

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

The answer is yes and no. In some counties you can file without an attorney. In others, they require that you are represented by an attorney, especially in an estate without a will. Check the local county probate rules where the deceased lived or contact the probate clerk in that county.

1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

We have been married for 6 years. The house and all vehicles are in both my husbands and my name. What would happen to our assets if he passed without a will?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will,...
Read more »

1 Answer | Asked in Estate Planning for Indiana on
Q: How long do you have to disclaim inheritance in Indiana? What if you are one of 3 trustees out of 5 beneficiaries?

If you disclaim inheritance, do you forfeit your position as an executor and as a trustee?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 21, 2019

Disclaiming and inheritance is not the same as renouncing your position as an executor or a trustee. You can disclaim a part or whole of an inheritance. You can refuse to serve as the executor and choose to stay on as trustee. It is not an all or nothing situation.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Indiana on
Q: I have a deceased Father that I just learned about through DNA. The family is not forthcoming in any information .

I desperately want to know about the Dad I never knew. The internet is not helpful. Am I entitled to any info or possibly something of my Dads? Do I have to file something?

James Whitney
James Whitney answered on Jan 14, 2019

I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.

Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found....
Read more »

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