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Indiana Estate Planning Questions & Answers

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 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 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 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 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,...
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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 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 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....
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1 Answer | Asked in Family Law and Estate Planning for Indiana on

Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?

Alexander Florian Steciuch answered on Dec 4, 2018

Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

1 Answer | Asked in Estate Planning for Indiana on

Q: My sister passed away and I'm her only amediate living family member ( sister). She did not have a will.

Our mother was her beneficiary and she is deceased. I had to pay for her furneral out of my pocket because they would not wait for insurance. How do I get paid back my out of pocket expenses?

She also had medical and credit card bill, that over exceed her assets.

Alexander Florian Steciuch answered on Nov 7, 2018

You should consult with a probate attorney for at least a consultation. He or she can best direct you after reviewing the entirety of the facts and situation that you are in. There may be non-probate methods available to you to claim what assets there are, including the insurance policy, especially... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: I was awarded a monetary sum by my friends will.

The will instructed another to send the money to the individual caring for her cats, that's me. I did not receive the money. How do I proceed?

Alexander Florian Steciuch answered on Nov 7, 2018

If there is a probate estate opened and still open, you contact the personal representative of the estate asking for your distribution. If the personal representative does not respond or denies you, you retain counsel and have him or her petition the court to force the personal representative to... Read more »

1 Answer | Asked in Estate Planning, Collections and Probate for Indiana on

Q: Have some questions regarding my late husband's estate. I'm the executor of his estate and am in need of a few answers..

My husband passed away going on 7 weeks now and In his will he left me the executor of the estate and left it up to me to choose what to do with everything. He was a family physician and I have already taken care of his practice and have sold it. But he left myself and my 2 children with a lot of... Read more »

Alexander Florian Steciuch answered on Sep 25, 2018

Since you have already met with an attorney you should be asking your attorney these questions. Depending on what type of estate you have opened, your answer may vary.

1 Answer | Asked in Probate and Estate Planning for Indiana on

Q: If my mother died and her brother is executor, how can I get a copy of the will?

Alexander Florian Steciuch answered on Aug 27, 2018

Easiest way is to ask the executor for a copy of the will. You can also look to see if the will has been deposited with the local court in the county of your mother's domicile or residence.

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized.

My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized he had me his daughter as his executor, I've waited the 45 days after his passing have a notorized small estate affidavit but don't know what I need to do next to be his legal executor... Read more »

Alexander Florian Steciuch answered on Aug 15, 2018

Wills in Indiana do not have to be notarized. They do require two witnesses to be in the presence of the testator as they sign.

A small estate affidavit does not appoint you to be the executor of the estate. It is used to claim property that you are entitled to as an heir without the need...
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1 Answer | Asked in Estate Planning for Indiana on

Q: Should I contest final accounting of estate,numbers don't add up and there was a payment made that I don't agree with

bank account shows more then when passed

no copy of sale of house to heirs

payment made to mortgage that representative said would not happen

Alexander Florian Steciuch answered on Aug 15, 2018

No one is going to be able to give you a solid answer without reviewing all of the available evidence. You should schedule a time to sit down with a probate litigation attorney with all the evidence you have and he or she can give you that recommendation.

1 Answer | Asked in Estate Planning for Indiana on

Q: My mother owned a property joint tentants w ros and passed away leaving a will and including a quit claim deed that deed

ed herself her interest in her property does that sever the ros and make it tenants in common leaving her interest to her hiers all the paperwork is filed and recorded in 2003

Alexander Florian Steciuch answered on Aug 7, 2018

Joint tenants with rights of survivorship can have those rights severed if the property is transferred in part, such as if a person deeds their interest in the property as tenants in common.

You should sit down with a real estate attorney or a probate attorney as soon as possible to review...
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1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on

Q: How much notice do you have to give a family member to vacate after a homeowner dies in Indiana?

My mom lived with my grandma, who recently died, for decades. The house was placed in a trust that is supposed to be divided between her and her siblings evenly. Her siblings now want to sell the home and are trying to kick her out immediately. I just want to know what her rights are.

Alexander Florian Steciuch answered on Jul 30, 2018

I am sorry for your loss. If your mother was living with your grandmother and your mother refuses to leave the property, she will have to be evicted. That means going to the local courthouse, filing with the appropriate court and getting a court date to obtain a court order granting the trustee... Read more »

1 Answer | Asked in Estate Planning for Indiana on

Q: My uncle died in In May leaving a trust naming myself and my 4 cousins as beneficiaries. The PNC. bank is in Indiana.

I opened an account with a medallion signature as directed by the bank. When I called the bank asking where to funds were, I was notified by the bank officer that my one cousin who is the trustee has put the transfer on hold because of a quarrel he is having with his brothers. My uncle’s... Read more »

Alexander Florian Steciuch answered on Jul 24, 2018

No one is going to be able to give you an adequate answer here. You need to consult with an attorney experienced with trusts and trust litigation to review the trust terms and get the full account of what is occurring. If there is a quarrel with the other beneficiaries there could be litigation.... Read more »

1 Answer | Asked in Estate Planning for Indiana on

Q: what happens when my attorney dies, I am the personal representative of the estate.

This has been going on since 2013, he has not done anything for the last two years, I have most of the documents . Some of the paperwork I do not have answers to, because he never followed through. I have called him and he has said, we need to get together, but nothing ever came about it. I don't... Read more »

Alexander Florian Steciuch answered on Jul 23, 2018

Find another probate attorney in your area to review where you are at in the probate estate. He or she should be able to direct you.

1 Answer | Asked in Estate Planning for Indiana on

Q: Is retirement money part of a person's esate

Alexander Florian Steciuch answered on Jul 11, 2018

'Retirement money' in this context could mean any number of accounts or investments. It is difficult to answer your question with limited information.

In general, anything with a beneficiary designation passes outside of a person's estate. This can include IRAs, pensions, life insurance,...
Read more »

1 Answer | Asked in Estate Planning for Indiana on

Q: My husband died, he was listed on the mortgage, he left the property to me in a will, how do I transfer the property?

Do I use a survivorship form?

Ben F Meek III answered on Jun 5, 2018

It depends on how the property is titled. If you and your husband are reflected on the Deed as "Joint Tenants With Right of Survivorship" you are now the sole owner and an affidavit of termination of Joint tenancy (or your state's equivalent) is probably all that is needed. If your husband was... Read more »

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Indiana on

Q: How do I protect myself while buying a house before I file for divorce? All bank accounts are separated.

Betsy Walits answered on Apr 23, 2018

You don’t. Having bank accounts separated is also irrelevant unless by agreement. Therefore, you can protect yourself by agreement only, no other method is foolproof. I would hire an attorney who would negotiate this with your spouse or wait until you have time to negotiate after filing.

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