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Indiana Probate Questions & Answers
1 Answer | Asked in Probate for Indiana on
Q: My mother recently passed and never claimed my grandfathers property. Being beneficiary to her how would I obtain this?

My grandfather left no will and my mother was his only child.

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2022

You need to hire an attorney to probate your grandfather’s estate and then to probate your mother’s estate.

1 Answer | Asked in Probate for Indiana on
Q: My Uncle Mike passed away with no will or power of attorney. He was never married and has no children.

Where do we go from here? He has a small house and a older car both paid for. we are in Indiana

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2022

Hire an attorney to search the title. The Heirs probably own it, and a recorded Affidavit of Heirship could show the source of title. Remember taxes and mortgages still have to be paid.

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.

1 Answer | Asked in Probate for Indiana on
Q: I need letters of administration regarding my father who passed away in Florida. Do I need an attorney in Florida.

There is unclaimed property for him in New Jersey and they are requesting this. I live in Indianapolis Indiana.

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

I doubt that you will have to file Probate just to obtain property in NJ. A NJ lawyer may be able to record an Affidavit of Heirship, then use it to claim the property for the next of kin. At worst, you may be able to file some type of small estate proceeding either in FL, NJ, or possibly IN.... Read more »

1 Answer | Asked in Probate for Indiana on
Q: brother refuses to show copy of will said he lost it he was power of attorney. will showed Sister executor of will

other family members agreed to have sister executor. But brother a issue in Indiana ,lake county. Can we get estate probated how to proceed without copy of the will .all we know that a copy needed to file for administrator so what do we do .

Ben F Meek III
Ben F Meek III answered on Dec 30, 2020

You or other family may be able to begin a probate proceeding and get a court order to require your brother to produce the original will. You need to talk to an experienced probate lawyer for specific advice about your situation. can help you find one near you and many attorneys offer... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Found assets that were unaccounted for, planning to open probate. Am I thinking clearly?

Sister with POA handled everything and ended up with everything, claiming there was nothing left. With help from lawyer, discovered bonds ( interest was redeemed 6 days after step-fathers death for $26,000), life insurance, a vehicle and likely checking and savings accounts. Most everything else... Read more »

Ben F Meek III
Ben F Meek III answered on Dec 29, 2020

You should talk to an experienced probate lawyer in the state where your step-father received Medicaid and presumably where his property was located. Medicaid has a right under federal law to recover from your step-father's estate (with a few exceptions) the cost of his care that it paid for.... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Can adult child of deceased open probate for estate with no will and recently discovered assets that just disappeared?

Have discovered assets in excess of$50k that I assume sister with POA has kept. Mother passed Oct. 4, 2019. Her home was supposedly transferred on death to sister by other POA (mother's deceased husband), after removing mother's name from deed, yet home is still in his name. Can't... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 24, 2020

Sadly, when a POA does not honor her fiduciary duties, legal action must be brought to rectify the wrongdoings committed. Estate litigation is very expensive so the retainer fee does not sound out of line. You may want to shop for a lower retainer arrangement, but remember the final fee is based... Read more »

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 Criminal Law, Federal Crimes and Probate for Indiana on
Q: How can my boyfriend get his probation transferred?

He is on probation for 6 months in Indiana but he’s trying to be here with me in St. Louis. We planned on getting married sometimes this year, and he has a job waiting for him here already. Is that enough for them to transfer his probation?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 4, 2020

He needs to speak with his probation officer and to discuss how his case can be transferred under the Interstate Compact on Probation.

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
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 Workers' Compensation and Probate for Indiana on
Q: If someone dies during a work comp settlement that's unrelated to the injury gets engaged living together then married

settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.

Charles Candiano
Charles Candiano answered on May 7, 2020

Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Is it legal for executor to lessen assets because she moved into home, and saved RE commission?

Sister-executor of deceased dad's estate--moved into dad's house-mtg free. Her atty sent statement re: his assets--which stated because she moved in, the money saved due to no RE commission will be taken off his assets? Doesn't make sense to me, as that has nothing to do w/his assets.

Thank you

Nina Whitehurst
Nina Whitehurst answered on May 5, 2020

That doesn't make sense to me, either. You should hire a probate attorney to represent your interests in the probate of your dad's estate. Rogue executors can get away with a lot of crazy things if nobody objects. It might be time for someone like you to watch the henhouse.

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 Probate for Indiana on
Q: Been 6 mo's since sister(executor) filed probate of deceased father..has moved into father's mtg-free house-w/o consent

iaries. No word re: beneficiaries inheritance. Beneficiaries rights/options?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with a probate attorney in your area to investigate the matter and prod the executor to take action. If the house was to be sold or you were to inherit the house and the executor is not taking action, a probate attorney can assist you in forcing the executor to fulfill her duties.

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 Probate for Indiana on
Q: if A next of kin purchases the estate does the money still get split equally?

My father passed away 4 years ago with no will. No debt either as house is paid off. My older sister took the intuitive to make herself executor of the estate. She hasn’t done anything in 4 years. My husband and I have offered to help with taxes/insurance and any maintanence but we just get the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

The lawyer you called is probably the lawyer for the executor of the estate. He or she is not calling you back, most likely, because he or she does not represent you. You need to get your own lawyer to represent your interests. Do not delay as there are short deadlines in these matters. You... 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 Elder Law, Gov & Administrative Law and Probate for Indiana on
Q: Is medicaid prohibited to seek recovery from nursing home receipient's estate if there is a disabled adult child?

Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).

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.

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