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Indiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If my Mother gifts me her house. And uses the IRS form 709 on this years taxes. If she passes can the IRS come after me?

She will be 91 this month. In pretty good health but may need some in home assistance or go to an assisted living facility at some point in time.

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

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 »

1 Answer | Asked in Estate Planning for Indiana on
Q: Who do I need to contact if a relative dies without a will and had no lawyer?

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?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

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 »

1 Answer | Asked in Estate Planning for Indiana on
Q: Do i have to file a will or power of attorney or declaration of trust in the state of indiana
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

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.

You are under no...
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1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Can my mother's husband remove my mother from deed, leaving him as sole owner, then TOD to my sister? He had POA.

Mother's husband held POA and removed my mom from the deed, then did a transfer on death to my sister. Thank you in advance.

Nina Whitehurst
Nina Whitehurst answered on Jan 27, 2020

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.

1 Answer | Asked in Estate Planning for Indiana on
Q: Is it necessary to identify that my spouse is already deceased in my will in Indiana? Leaving all to 2 adult children.

She passed away over 18 months ago and I'm just now getting around to making a couple of updates. Do I need to put in that I was preceded in death by my spouse and name her? Or it doesn't matter?

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2020

You don’t HAVE to list her or mention that she is deceased for the will to be valid but it can be very helpful information to include when the time comes to administer your estate.

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 »

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