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Indiana Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Indiana on
Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.

Now if your brother's criminal case was for...
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1 Answer | Asked in Appeals / Appellate Law and Probate for Indiana on
Q: How do I file an appeal in probate court that has totally been mishandled asap
Anthony M. Avery
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answered on Aug 21, 2023

Hire an IN attorney now to look at the Probate File. If required filings were not made, then the fiduciary might be removed with an accounting required. Possible claim on the Bond. If closed, the Estate might need to be reopened.

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: I inherited property from a will. Can I have my granddaughters name put on the deed?
Anthony M. Avery
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answered on Aug 2, 2023

If there is a Probated Will with a specific devise to you as owner, then after the Estate is closed, you can deed your interest to anyone. Your source of title is the Will Book, Page Number usually, and should also include the Probate Case name and Docket Number.

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More

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... View More

1 Answer | Asked in Probate for Indiana on
Q: What if I don't be have any of the receipts that judge wants
T. Augustus Claus
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answered on Nov 9, 2023

Try to get duplicate receipts. Sometimes, businesses keep copies of receipts for a certain period of time. You can try contacting the businesses where you made the purchases to see if they can provide you with duplicate receipts.

1 Answer | Asked in Probate for Indiana on
Q: My grandmother died almost 2 years ago. She left her house in the will to me. Do I need to do probate?

I have a copy of the will and all of her debts are paid. Where do I start?

Anthony M. Avery
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answered on Mar 24, 2023

Since the Will means nothing unless it is filed for Probate, you will want to hire an IN attorney to file it for Probate. If you are the sole heir, then Probate might not be necessary.

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... View More

Nina Whitehurst
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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... View More

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
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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
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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.

https://www.justia.com/lawyers

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
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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.... View 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. Justia.com can help you find one near you and many attorneys offer... View 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... View 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.... View 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... View 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... View 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
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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
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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... View 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... View More

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