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Indiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Health Care Law for Indiana on
Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

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?

Robert York
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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

1 Answer | Asked in Estate Planning for Indiana on
Q: If my stepmother cheated on my dad does she loose rights to inheritance
Robert York
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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...
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2 Answers | Asked in Estate Planning and Tax Law for Indiana on
Q: How do we transfer home ownership from a deceased sister to surviving siblings? Any penalties for taking on this asset?

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.

Symantha Rhodes
Symantha Rhodes
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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1 Answer | Asked in Estate Planning for Indiana on
Q: What Indiana law indicates that termination of a life estate deed require the consent of all involved parties?
Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning for Indiana on
Q: We have our assets jointly with secondary beneficiaries. Would our heirs be subject to estate taxes?

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

Anthony M. Avery
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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

1 Answer | Asked in Probate and Estate Planning for Indiana on
Q: Must I pay for a new will if I only want to change executors?
Charles S. Hewins
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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...
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1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If the trustee of a will has their lawyer give you a choice about signing your rights away or get sued what can they do?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for Indiana on
Q: I filled out, signed and had a small estate notarized for my deceased dad's bank account. The bank allowed my sister to

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

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law, Estate Planning and Foreclosure for Indiana on
Q: how do i become a successor in interest of property from my deceased father with no living will.

have resided in home with father at time of purchase with disabled brother and currently living in home.

Anthony M. Avery
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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.

1 Answer | Asked in Family Law and Estate Planning for Indiana on
Q: Do I have any rights pertaining to my deceased father?

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?

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Indiana on
Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

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?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I told my mother I was moving to Indiana. She said she came into some money and would purchase me a home if I picked one

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning for Indiana on
Q: If I receive an inheritance, how do I avoid losing my SSI and Medicaid? I have a traumatic brain injury
Nina Whitehurst
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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.

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Estate Planning for Indiana on
Q: If a trustee not taking reasonable care of a house that is within the trust what is recourse and who can act

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?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Estate Planning for Indiana on
Q: Can an heir to an estate sue the estate executor, accountant or the court and attorneys after the estate is closed?

has been open for 13 years

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: One of my parent's will was rewritten in the last couple of years and heavily favors the executor and their family.

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.

Michael Ray Smith
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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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: Do I still make the mortgage payment of some who died and was the sole owner of the property or does it go to the estate

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

Nina Whitehurst
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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

1 Answer | Asked in Estate Planning for Indiana on
Q: How will my living trust shares be distributed among the "Living Descendants of my Daughter" upon my daughter's death?

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

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

(1) 1/4 to each grandchild

(2) 1/8 to each grandchild and great-grandchild

1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: My 89 year old father wants to get married to his 77 year old girlfriend who he has been dating for a year.

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

James A Hanson
James A Hanson
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...
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