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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... View More 
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... View More
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... View More
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,... View 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... View More
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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... View More
Beneficiary legal rights. And someone contesting the will.
answered on May 10, 2021
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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.
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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.
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?
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.
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!
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... View 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... View More
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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... View 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?
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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.
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... View More
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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.
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... View 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
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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... View More
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.
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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.
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!
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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... View More
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.
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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... View 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?
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... View More
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... View More
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.
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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.
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?
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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.
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