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Indiana Probate Questions & Answers
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... Read more »

William J Webster
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
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
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
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
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... Read more »

Alexander Florian Steciuch
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...
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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
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,... 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
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... Read more »

William J Webster
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... 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... Read more »

William J Webster
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... 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
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... Read more »

1 Answer | Asked in Family Law and Probate for Indiana on
Q: My dad died without a will in Indiana and my sister sold his property. What can i do
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 26, 2018

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.

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

My aunt had her for 5 years but I never missed a beat I was there for Christmas and birthdays

Clarissa Finnell
Clarissa Finnell answered on Mar 22, 2018

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.

1 Answer | Asked in Probate for Indiana on
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

my finance's son has a copy of the will, but does not want me to have it so i can proceed with things, what can i do? this is in indiana. county court has no record of will, also if will was drawn up at mauer law school bloomington where will they have submitted it. which county?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 14, 2018

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...
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1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Hello, we need to transfer a deed from my passed grandma to my father, what forms do we need to fill in indiana

we have 4 houses that are under my passed grandma, we need to transfer her name to my father name as soon as possible before anything happens to the houses. we need to know what information i need to fill in the state of Indiana to do this process, i have contact the county assessor but the wont... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 12, 2018

If your grandmother passed away and the houses were in her name only you are going to have to open up a probate estate to transfer them to your father. Once an executor or personal representative has been appointed it will be up to him or her to review your grandmother's estate and determine... Read more »

2 Answers | Asked in Real Estate Law and Probate for Indiana on
Q: In indiana I have deed that has 3 names it does not say tenants in common or joint tenancy

I have a deed that has 3 owners property was deeded with 1 deed at the same time and all owners had equal shares and rights. Is this a tenants in common or joint tenancy deed? If 2 died would it enter probate?

Vincent Gallo
Vincent Gallo answered on Mar 6, 2018

Absent specific language reciting joint tenancy the default status is tenants in common.

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1 Answer | Asked in Probate and Estate Planning for Indiana on
Q: If someone who lives in Indiana wants me to be their POA and I live in Ohio is there anything special I need to do?
Joseph Jaap
Joseph Jaap answered on Feb 1, 2018

The person should use a form that is accepted in IN if you will be exercising the power in IN. The person should check with an IN attorney if there are any restrictions of an out of state resident holding POA. The person should notify banks or other institutions that you have been appointed, and... Read more »

1 Answer | Asked in Wrongful Death, Probate and Estate Planning for Indiana on
Q: My sister passed away she,was,single n had no kids dose that make me incharge of all of her esate n what steps do i need
Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.

1 Answer | Asked in Probate and Landlord - Tenant for Indiana on
Q: How long is the eviction process when someone is living in a house that is going through probate
Kenneth V Zichi
Kenneth V Zichi answered on Oct 18, 2017

The house being in probate has no bearing on eviction. Once someone is appointed as PR / executor, they 'step in the shoes' of the deceased, and can handle the eviction just as they did.

The probate attorney can probably help with this, and if you are the tenant, you can expect...
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1 Answer | Asked in Family Law and Probate for Indiana on
Q: My uncle passed last year,and did without having established a will.I received a letter telling me I might be in my

interest.Im supposed to go to the attorneys office on Oct 5 that was arranged by his non-wed partner.I don't have money for legal representation.Do I endanger my standing in the estate by signing the wrong things?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 30, 2017

The short answer is 'yes'. If you sign the wrong things it will be bad.

As to whether or not you will be asked to sign something that is 'wrong' all bets are off. Who knows?

If you are concerned about this, ask to take whatever documents they want you to sign to...
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