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... Read more »
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,...Read 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... Read more »
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...Read more »
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?
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...Read 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... Read more »
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...Read 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?
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... Read more »
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.
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...Read more »
My Dad to be the owner of my estate until my daughters are of age to take over. I do not want my ex-wife to be in charge of my estate since my daughters are only 7 and 10. How would I do this? I have a will, but it is when I was married
A revocable living trust would suit your purpose quite well. You would leave your estate to your dad in trust for your children. There are many, many other issues to consider but that is the essence of it. You might also think about using a professional trustee instead, however. I say that because...Read more »
Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!
If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive...Read more »
Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime...Read more »
My grandmother passed away with no will and no lawyer contact information. My father (her son) is still living and has taken things such as jewelry, her vehicle, bank and credit cards into his possession. With no will do these things automatically go to him?
If your relative died with no will and you believe that a probate estate should be opened, you should contact a probate attorney in county where your relative lived to discuss setting up a probate estate.
Assets do not automatically past to surviving kin without probate or a probate...Read more »
In Indiana, if you are in possession of a person's will at the time of their death you have a duty to spread the will of record. Even if you are not probating the will (establishing an estate, appointing an executor, etc.) the will still needs to be entered into record.
With the POA he may have had the apparent legal authority to do that, but depending on a variety of factors, that might have been a breach of fiduciary duty (or not). More facts are needed. You should consult with an elder law attorney if you have concerns.
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.
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