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Indiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Can trustee put stipulation on my trust money at disbursement?

Sister (trustee) added at disbursement time, once check is cashed I can not pursue any further recovery from her or estate, which I plan to do. Actually needed that money to pay for my lawyer.

Thank you in advance!

Andre Lee Pennington
Andre Lee Pennington answered on Sep 12, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: My mother's assests after former partner death. I'm my mother POA and run her finances while she's in the nursing

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 »

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: I am executor of my brother's estate. I am also his legal guardian. He is still living but is 91 years old. He has a

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?

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Probate will be necessary if he has not already designated death beneficiaries for his bank and brokerage accounts. That would have been done by signing forms at the bank and with the broker.

1 Answer | Asked in Estate Planning for Indiana on
Q: When does a living will begin after the death of a loved one?

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 »

Nina Whitehurst
Nina Whitehurst answered on Apr 19, 2020

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.

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Land Use & Zoning for Indiana on
Q: If you take care of a pice of ground for 50 years mow it and clean it up does it become yours
Ben F Meek III
Ben F Meek III answered on Mar 27, 2020

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 »

1 Answer | Asked in Estate Planning for Indiana on
Q: I am recently divorced with 2 daughters, with some debt and several assets. If something would happen to me, I wish for

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

Nina Whitehurst
Nina Whitehurst answered on Mar 24, 2020

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 »

1 Answer | Asked in Criminal Law and Estate Planning for Indiana on
Q: how can l fine my son case got the case number one is29col0411MR0103
Andrew L. Bennett
Andrew L. Bennett answered on Mar 9, 2020

You can look on mycase.in.gov or doxpop.com. If you cannot find it there you can contact the Clerk's Office in the county were the case was filed.

1 Answer | Asked in Estate Planning for Indiana on
Q: I have a question about an estate and the personal representative. I know i was left property in a will.
Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

Please repost with your question. Just remember that in this forum attorneys cannot give individualized advice. We can only answer questions of a general nature.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Indiana on
Q: Can Father leave annuity/trust to sister while mother still alive and in nursing home?

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!

Nina Whitehurst
Nina Whitehurst answered on Feb 26, 2020

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 »

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...
Read more »

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.

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