Lawyers, Answer Questions  & Get Points Log In
Indiana Probate Questions & Answers
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 Lee Pennington
Andre Lee 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.

2 Answers | Asked in Civil Rights and Probate for Indiana on
Q: He wants to sell thehouse. If I can get into the house and change the locks, could he take any legal action against me?

My grandmother just past and left her house and all assets to me and my two sisters. My great Uncle was made the executor of her will. He is firm in his belief that everything has to be liquidated, that he has already had them appraised and had a yard sale without our knowledge. We have asked for... Read more »

Gary Kollin
Gary Kollin answered on Oct 19, 2019

Get a court order

View More Answers

1 Answer | Asked in Probate for Indiana on
Q: My mother passed away in May I found out who her attorney was if he has a copy of the will is he obligated to show it

Our little sister keeps avoiding as about showing as the will

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

To administer the will it must be lodged with the local probate court and a probate case must be opened. If your sister is dragging her feet on this, YOU can open a probate case yourself and notify the court that she has the will. The court can order her to produce the will. In some states there... Read more »

1 Answer | Asked in Probate for Indiana on
Q: What if there was no will when my mother died with sister having power of attorney 5 siblings no probate filed

Mom passed away in May I know my sister filed for an affidavit for estate on the 12th of September but won't give any info to sibs

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

First, the power of attorney has no effect after the principal dies.

Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help...
Read more »

1 Answer | Asked in Probate for Indiana on
Q: Are lawyers obligated to show a copy of the will to the son of the deceased?

My sister said she couldn't remember the lawyer, however I found out thru

the assesors office that the house is still in my mother's name and who the attorney was.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

A lawyer in possession of the original will is usually obligated to lodge it with the local probate court when he learns that the decedent has passed. If the lawyer only has a copy of the will, usually he will only provide the copy to the executor named in the will, absent a court order.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Do I qualify for survivorship?

My name is posted online as the second owner and in the recorders office. My quickclaim was recorded and I have a reciept. What is needed to change myself to the primary owner? My family says a probate is needed, but online I read survivorship. Also my mother was ill and used alias names as she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

It is not possible to answer your question without reviewing the deed and obtaining additional information. Your best bet is to contact a local real estate attorney and schedule a personal consultation.

1 Answer | Asked in Probate for Indiana on
Q: What can be done when a father takes his daughter’s inheritance?

My granddaughter was left 75% of her paternal grandmother’s 401k for college. This was specified in a hand written will in California. The will was witnessed by 2 people.

Nina Whitehurst
Nina Whitehurst answered on Sep 11, 2019

This is an example of do-it-yourself estate planning gone wrong. Grandmother should have had her estate plan prepared by an attorney, and clearly she did not. You see, the problem is that the distribution of a 401k at the plan participant's death is governed by beneficiary designation, not... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.