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Indiana Probate Questions & Answers
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... View 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... View 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... View 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... View 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... View 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
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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... View 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... View 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... View 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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2 Answers | Asked in Probate for Indiana on
Q: Father passed away in 2011, my mother was sole beneficiary. All assets were jointly held. His estate was not probated.

There have bee zero issues, but could any arise at her death?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 14, 2017

If ALL the property was in joint name, then no, there won't be problems because you didn't probate your father's estate. HOWEVER, what happens after your mother passes is another question. SHE should have an appropriate estate plan in place now more than ever to insure things go... View More

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1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: I have filed a small estate affidavit. A non relative now says they have a will. Does that supercede my affidavit?

Aunt passed away. I am her heir. Non relative has cleaned out property and says she has will . Deed and all utilties still showing in my deceased relative's name which is why I filed affidavit. If non-relative actually has a will ,can it still be filed and does it supercede my affidavit?

Ben F Meek III
Ben F Meek III
answered on Aug 24, 2017

An heir or beneficiary can probably file to have the will probated, and if it is admitted, it would likely override your affidavit, if it conflicts with the Will. You yourself can probably petition the court to be appointed Administrator With the Will Annexed, in effect forcing the God-daughter to... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: We are joint owners in common. By heirs does that mean his children or wife or both his children are by his first wife t

He had a second wife at time of death

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 9, 2017

I'm assuming we are continuing from the previous question you posted. Since you owned the property jointly in common then the property will go to his heirs. Since your brother died without a will he is said to have died intestate (without a will). Under Indiana's intestacy laws,... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Living in deceased parents home since 2010. Sister is executor of mortgage does she still have power of attorney
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 30, 2017

You're using terms that don't make any sense in this context. A person can be the executor of an estate. This happens after the person passes away and the probate process begins. The executor is in charge of the estate. The probate process passes along the former living's assets,... View More

1 Answer | Asked in Family Law and Probate for Indiana on
Q: Indiana, mom passed 1 yr ago, her husband passed now. Land and bank acct in both names. Do we have rights to anything?

Will everything go to his heirs?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 21, 2017

There's no way to provide a proper answer. If your mother had a will she could have left everything to her husband. if that's the case then her husband owned all of her property at the time of his death. If he has a will he can leave the property and assets to whomever he wants.... View More

1 Answer | Asked in Probate for Indiana on
Q: Deed to my father's home is in my name (estate in probate) but the pr refuses to add me to his loan or to remove hers

She had loan changed to estate of and has her name on as the personal representative....I have paid all bills since his death and have the deed in my name...she refuses to put me or our other sister as administrator on this loan....can she take this house from me

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 19, 2017

There is something wrong in your description. If the house really is already 'in your name' then it should not have been in probate. If it is NOT in your name, then the PR has the right (and obligation!) to distribute it according to the will.

The PR cannot do ANYTHING with the...
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1 Answer | Asked in Probate for Indiana on
Q: My brother passed away 2 years ago. Recently his wife entered our family cabin without permission and retrieved items.

She believes these items are hers, his intent was for the items to stay with the cabin.

Is she able to retrieve items she believes are hers after the estate is settled?

She had not been to the cabin in several years before he passed, and used keys she found in his possessions to... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 3, 2017

Call the police. File a police report. She entered private property and stole items that did not belong to her. If the items were meant to go to her it should have been specified in your brother's will and transferred to her while the estate was still open. If you are expecting a legal fight... View More

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