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Indiana Estate Planning Questions & Answers
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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Michael Ray Smith
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... Read more »

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... Read 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...
Read 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... Read more »

Nina Whitehurst
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Nina Whitehurst
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... Read 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... Read 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 Elder Law for Indiana on
Q: Final wishes if executor has already died.

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 »

Steven J. Fromm
Steven J. Fromm
answered on Jun 5, 2021

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 »

1 Answer | Asked in Consumer Law and Estate Planning for Indiana on
Q: Attorney sent an unexpected & backdated invoice 5 months after I opted not to work with him. Do I pay it?

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 »

Nina Whitehurst
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Nina Whitehurst
answered on May 12, 2021

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson
answered on May 10, 2021

You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.

https://www.justia.com/lawyers

1 Answer | Asked in Contracts and Estate Planning for Indiana on
Q: Can you have a Co-Agent durable power of attorney in Indiana, and is there such a thing as "oral power of attorney"?

My mother is currently in the hospital, and there is the possibility of her dying. My sister and I want to be co-agents on a durable power of attorney.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 21, 2021

You can definitely be co-agents. If you do that, be sure the POA is clear on whether you have independent authority or must act together.

You would not meet with any success trying to get any third party to honor an "oral" power of attorney.

1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

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?

Steven J. Fromm
Steven J. Fromm
answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

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 L. Pennington
PREMIUM
Andre L. 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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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