Indiana Probate Questions & Answers

Q: Power of attorney

1 Answer | Asked in Probate for Indiana on
Answered on Jan 13, 2019
Kelli Y Allen's answer
As long as he is mentally competent, he can execute a power of attorney by instructing someone to sign on his behalf. If he is not mentally competent, someone will need to file for guardianship.

Q: Power of attorney

1 Answer | Asked in Probate for Indiana on
Answered on Jan 13, 2019
Kelli Y Allen's answer
If he is mentally competent to execute a power of attorney, check with the hospital. Sometimes they are able to assist with a basic POA. You could also contact an estate planning or elder law attorney. Some are willing to go to hospitals or nursing facilities to have the documents executed. If he is not mentally competent to sign, someone would need to file for guardianship.

Q: I'm trying to find a Mr. Mark E. Harbin. He took a case involving my now wife Niki Davis in a shooting incident 2014.

1 Answer | Asked in Personal Injury and Probate for Indiana on
Answered on Jan 10, 2019
Chase T Wilson's answer
Call the Indiana Bar Association. They should be able to track Mr. Harbin down for you.

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

1 Answer | Asked in Probate and Family Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.

If the value of the estate is under $50,000.00 (I believe it was increased this year), you do not have to open an estate. You can transfer the property through a Small Estate Affidavit. Contact...

Q: My grandfather passed in April and I am the only surviving grandchild. No will has been filed with probate.

1 Answer | Asked in Probate for Indiana on
Answered on Jan 2, 2019
Ben F Meek III's answer
There are several possible explanations for why you haven't been contacted about an inheritance. Here are some examples: Granddad left a Will but made no specific provision for you; Granddad left a will but had no property requiring probate (e.g. he owned all of his real estate as a joint tenant with right of survivorship -- leaving behind other joint tenants as the sole owners -- or he left everything in trust for beneficiaries other than you); or he died intestate but you are not an heir at...

Q: What happens when you get violated on probation while currently incarcerated?

1 Answer | Asked in Criminal Law and Probate for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
William J Webster's answer
In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...

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

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
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 respond. It's best to retain counsel and if that is not economically feasible for you, at least schedule a consultation to obtain legal advice after reviewing all of the facts, information and...

Q: My wife's grandmother passed away about a year ago. She had left her grandkids money but grandpa and mother won't give

1 Answer | Asked in Probate for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
No, it is not legal for them to do that. You should consult with a probate attorney in your area to look into setting up an estate for your late grandmother and probate the will if you believe that the grandchildren are owed under the will.

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..

1 Answer | Asked in Estate Planning, Collections and Probate for Indiana on
Answered on Sep 25, 2018
Alexander Florian Steciuch's answer
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.

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

1 Answer | Asked in Probate and Estate Planning for Indiana on
Answered on Aug 27, 2018
Alexander Florian Steciuch's answer
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.

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.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Aug 15, 2018
Alexander Florian Steciuch's answer
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 for going through the probate process.

You may benefit from sitting down with a probate attorney to help you figure out what you need to do next.

Q: How a beneficiary requests a copy of an inventory of estate's assets form/filing.

1 Answer | Asked in Probate for Indiana on
Answered on Jun 19, 2018
William J Webster's answer
After her appointment as Personal Representative, your husband's sister will typically file an Inventory with the Court, which is public record. As Personal Representative she should provide copies of the inventory, asset info, etc... to beneficiaries. However if the estate is unsupervised, the Court will not be overseeing the Personal Representative to ensure she is properly administering the estate.

If for some reason the Personal Representative refuses or fails to provide the...

Q: My mother passed away a few days ago without a will. As power of attorney, do I have full authority over the estate?

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Apr 23, 2018
Alexander Florian Steciuch's answer
No, you do not. In fact, your power of attorney terminates at the time of her death. The court will have to appoint a personal representative for the estate.

Q: Stepfather passed away 3 months ago. My mom passed 4 years ago. My stepfather's daughter has his original will but has

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Apr 12, 2018
William J Webster's answer
In general you need the original Will to open and estate, however in certain circumstances you can open an estate w/ a copy of the Will. In this case, if someone has the original Will and fails to produce it or it's in the "lock box" at the bank, etc... You can open an estate with a copy and then compel the party to produce the original Will.

If the daughter is the Personal Rep and will eventually be the attorney's future client for the estate, he or she may be reluctant to take any...

Q: Grandfather passed leaving Dad as soul recipient in his will. During probate Dad passed away.

1 Answer | Asked in Probate for Indiana on
Answered on Apr 10, 2018
William J Webster's answer
First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then may have a potential issue. If your brother disclaims then would go to his children. You want to make sure if your brother disclaims, that the property goes to you.

I would need more information...

Q: How is inherited co-owned property split when one owner passes away? Both owners are married with no will.

1 Answer | Asked in Probate for Indiana on
Answered on Apr 6, 2018
William J Webster's answer
Not necessarily. The spouse will receive the property only if there are no surviving children or no surviving parents of the decedent (individual who passed away). If there is a child the spouse will only receive 1/2 of the estate, 3/4ths if there is no child but decedent's parents are alive. The statute that provides how your property will be distributed if you pass without a will is Indiana Code 29-1-2-1.

If your intent is for the property to go to your spouse, I recommend adding...

Q: My dad died without a will in Indiana and my sister sold his property. What can i do

1 Answer | Asked in Family Law and Probate for Indiana on
Answered on Mar 26, 2018
Alexander Florian Steciuch's answer
You need to have a probate estate opened. You should consult with a probate attorney in your area to represent you and instruct you for this process.

Q: I have my daughter back with me but I still got sent a court date , do I still have to attend if I use my parental righs

1 Answer | Asked in Family Law, Child Custody and Probate for Indiana on
Answered on Mar 22, 2018
Clarissa Finnell's answer
If you have received an order to appear in court, then you need to appear at the time and place indicated on the order. I recommend that you consult with an attorney to review the paperwork and advise you on issues being presented at the hearing.

Q: how do i locate a will that was drawn up at a university law faculty? someone has a copy, but refuses to make it known

1 Answer | Asked in Probate for Indiana on
Answered on Mar 14, 2018
Alexander Florian Steciuch's answer
If you believe that someone at the Mauer Law School has a copy of the will, you need to ask them if they have a copy and to submit it to the court. Please note that lawyers are not required to keep copies of wills they have executed.

If you know for a fact that a person has a will but will not probate it or turn it over to the court, you need to petition the court where the deceased was domiciled to force the person suspected of holding the will to turn it over to the court.

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