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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... View More 
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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.
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.
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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... View More
Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?
answered on Sep 3, 2019
Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.
If you have additional questions, feel free to contact... View More
testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?
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answered on Aug 19, 2019
No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.
Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids.... View More
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answered on Aug 14, 2019
You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... View More
Dad just passed 2 mo's ago...house is empty--maybe a few things of hers are there. I just wanted to be in his house one last time...
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answered on Aug 13, 2019
Actually, yes, the executor can keep other family members, including beneficiaries, out. It is the executor's DUTY to marshall and safeguard estate assets. When the executor fails in this duty, assets tend to grow legs and disappear.
Which she's in no rush to do, though she is wealthy. As beneficiaries, can we insist on the house being sold?--
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answered on Aug 13, 2019
In a way you can, yes, but it is not easy. It would entail hiring an attorney to file an action for "partition", which usually ends up as a court-ordered sale of the home with the proceeds split among the co-owner/heirs. If one of the heirs wants to be the buyer, she is welcome to submit a bid.
This is in pennsylvania...They had no kids together but Mom has 4 children surviving. He is selling the property are we etitled to a portion as there was no will left.
answered on Jul 9, 2019
I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.
My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.
answered on Jun 19, 2019
This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in... View More
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... View More
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... View More
answered on Jan 21, 2019
Yes. In Indiana, spouses are responsible for the costs of necessities that their partners incur. This includes medical bills.
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.
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.
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.
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... View More
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.
answered on Jan 10, 2019
Call the Indiana Bar Association. They should be able to track Mr. Harbin down for you.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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/... View More
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?
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... View More
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