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Indiana Probate Questions & Answers

1 Answer | Asked in Probate for Indiana on

Q: My husband passed with no will. All assists are in both our names. Do I need to probate anything?

Alexander Florian Steciuch answered on Apr 30, 2019

If all of your assets are in both of your names, you most likely do not have to probate anything. If there are other assets that were not jointly titled and left over you may want to look to probate alternatives like a small estate affidavit to transfer them into your name. Consult with a local... Read more »

1 Answer | Asked in Probate for Indiana on

Q: My mother didn't leave a will has to property has no debt what kind of lawyer do I need? There are four of us agreement.

William J Webster answered on Feb 16, 2019

Even though everyone is in agreement, in order to transfer property from your mother to you and your siblings you will need to hire a probate attorney to open and assist in administering your mother's estate.

When the estate is opened a personal representative is appointed who has the...
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1 Answer | Asked in Probate for Indiana on

Q: My husband passed away with no assets. He accumulated a lot of medical bills over the last 6 months. Am I responsible?

Alexander Florian Steciuch answered on Jan 21, 2019

Yes. In Indiana, spouses are responsible for the costs of necessities that their partners incur. This includes medical bills.

1 Answer | Asked in Probate for Indiana on

Q: Power of attorney

My father is not mentally incompetent but I need to be able to pay his bills and etc since he is totally physically disabled to talk or move. He is on a form of life support.

Kelli Y Allen answered on Jan 13, 2019

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.

1 Answer | Asked in Probate for Indiana on

Q: Power of attorney

Need to know what the best way to get a power of attorney for my father who is incapacitated in the hospital and cannot speak or move. Need to pay his bills and etc.

Kelli Y Allen answered on Jan 13, 2019

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... Read more »

2 Answers | Asked in Personal Injury and Probate for Indiana on

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.

She is in NEED of his services ASAP DUE to get treatment in an Indiana facility. She is being treated very poorly and not being gave medical attention. PLEASE HELP US.

Chase T Wilson answered on Jan 10, 2019

Call the Indiana Bar Association. They should be able to track Mr. Harbin down for you.

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1 Answer | Asked in Probate and Family Law for Indiana on

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

Alexander Florian Steciuch answered on Jan 8, 2019

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.... Read more »

1 Answer | Asked in Probate for Indiana on

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

My grandfather was survived by a spouse, three children and I am the only surviving grandchild. Although my grandfather and I were close, I am estranged from his new spouse. I am also estranged from my father. I have checked with both Lake County and Porter County Courthouses (both where he lived... Read more »

Ben F Meek III answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Probate for Indiana on

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

My fiancé has been on probation (in Cass County) for almost three years for a statutory rape charge. Due to this he is a registered sex offender. In late November he was arrested on a Failure to Register charge from Grant County and subsequently violated on his probation in Cass. We really... Read more »

Paul Stanko answered on Dec 30, 2018

The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on

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

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 bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster answered on Nov 10, 2018

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/...
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1 Answer | Asked in Estate Planning and Probate for Indiana on

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

The will instructed another to send the money to the individual caring for her cats, that's me. I did not receive the money. How do I proceed?

Alexander Florian Steciuch answered on Nov 7, 2018

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... Read more »

1 Answer | Asked in Probate for Indiana on

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

Is it legal for grandpa and kids mother to keep and not give the money there grandmother left in will for grandkids and great grandkids

Alexander Florian Steciuch answered on Oct 8, 2018

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.

1 Answer | Asked in Estate Planning, Collections and Probate for Indiana on

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..

My husband passed away going on 7 weeks now and In his will he left me the executor of the estate and left it up to me to choose what to do with everything. He was a family physician and I have already taken care of his practice and have sold it. But he left myself and my 2 children with a lot of... Read more »

Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Probate and Estate Planning for Indiana on

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

Alexander Florian Steciuch answered on Aug 27, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Indiana on

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.

My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized he had me his daughter as his executor, I've waited the 45 days after his passing have a notorized small estate affidavit but don't know what I need to do next to be his legal executor... Read more »

Alexander Florian Steciuch answered on Aug 15, 2018

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...
Read more »

1 Answer | Asked in Probate for Indiana on

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

My husband’s father, a resident of Elkhart City, passed away in May. He did not leave any paperwork designating an executor/administrator/personal representative to his estate; although he did have a will.

My husband has three siblings (all are adults). All four of them are in agreement... Read more »

William J Webster answered on Jun 19, 2018

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... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on

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

Alexander Florian Steciuch answered on Apr 23, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Indiana on

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

Not filed probate yet. Stepfather' s lawyer said he cannot file with a copy of the will. How can I force the stepdaughter (my stepsister) to start probate? I have no idea if I am a beneficiary in the will and no way of finding out because lawyer can't tell me what is in the will and step sister... Read more »

William J Webster answered on Apr 12, 2018

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... Read more »

1 Answer | Asked in Probate for Indiana on

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

Dad contacted the estate attorney stating he wished to gift grandpas house to me during probate, the lawyer advised to wait. Dad passed leaving me as the executor of the estate, and my brother 50/50 hairs, and the court made me the executor of grandpa's estate. My brother knows dad wanted to give... Read more »

William J Webster answered on Apr 10, 2018

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... Read more »

1 Answer | Asked in Probate for Indiana on

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

My sibling and I inherited property when our parents passed. She was not married at the time of inheritance, but is now. I was married at the time of inheritance. The property is in our names only. Does the inherited property go to the spouses if one of the owners pass?

William J Webster answered on Apr 6, 2018

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.... Read more »

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