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Indiana Probate Questions & Answers
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... Read 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... Read 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,... Read 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,... Read 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.... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law and Probate for Indiana on
Q: My wife has been put on a 15 day hold in jail for probation violation what will happen after the 15 day hold?

Probation violation is from dirty drug screen

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 23, 2017

The 15 day hold is for being on probation and having a new arrest. The hold is to give probation time to file a petition to revoke. Once the petition is filed, even before the 15 days have run, she should be brought before the judge who may require a bond for the revo.; she would also have to... Read more »

1 Answer | Asked in Probate for Indiana on
Q: My mom died 6yrs ago. Was just informed by her employer I am beneficiary to her 401K. What are tax/fees for cash payout?

I am the only child (sole beneficiary). My concern is that I would like to have access to these funds now, but would like to know most economical way of doing so, if possible.

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

This question may be better suited to be answered by a certified financial planner rather than an attorney, but in general, lump sums received are taxable at your income tax level. The plan administrator for the 401K will have more information available to you regarding payout options. Some plans... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Indiana law will wrote b4 marriage.Living in house in wifes name. But willed to daughter. What happens to me/in house
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 3, 2017

If your name is not on the title of the house and your wife's will directs that her daughter is to receive the house after your wife passes away then you have no right to the house. If the daughter does not want you in the home once she receives it you will have to vacate the premises.... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: my mother passed away in august of 2016. my brother and my names are on everything. do we need an estate lawyer?

our names are on the property, investments, bank accounts. we have no disputes. do we need an estate attorney? we are going to sell the property which is 40 tillable acres and 7acres with buildings.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 2, 2017

If you and your brother are already properly titled on all of your mother's assets and do not have to go through the probate process then you most likely do not require the assistance of an estate planning attorney.

That said, if there are issues with the title or your mother remains...
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1 Answer | Asked in Probate, Juvenile Law and Securities Law for Indiana on
Q: My gpa passed away when I was 12 and left me a very large amount of money. Obviously I wasn't allowed to have it

Till I was 18. When I reached 18 she said I couldn't have it till 19. Well I'm 21 now and she has yet to tell me any information about my money. When I was around 16 she said that she didn't have it anymore that they had used it and she invested it in the stock market without my... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 1, 2017

You are legally entitled to the money that was left to you as a minor. Your mother as your custodian had a duty to hold that money for you until you came of age. You need to consult with an attorney as soon as possible to discuss your options as there may be an issue with the statute of limitations... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: As as executor of my fathers estate can I remove a sibling from the home in order to sell?

The will specifies the property is to be sold and split 4 ways. Items are disappearing and lots of traffic in the home.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 16, 2017

As Personal Representative (which is what Indiana and many other states now call 'executors') once your Father dies you have a DUTY to both file for probate and 'marshal the assets' which means protecting them. If things are disappearing and you don't have control of the... Read more »

1 Answer | Asked in Family Law and Probate for Indiana on
Q: Unmarried partners. He is now deceased. Property is in my name and I am sole income. Is his family entitled to anything?

Cohabitation together with no agreements or wills set up. We have items we acquired together but they are solely in my name. His family wants his assets. Are they entitled to anything if everything we owned or acquired is in my name?

Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 1, 2016

They will have a difficult time. Consult an estate attorney before transferring possession of any items, if you are concerned. Deal only with the decedent's personal representative or executor, not with other family members.

1 Answer | Asked in Family Law, Constitutional Law, Probate and Real Estate Law for Indiana on
Q: Is it legal for a court to hold a hearing without me present or notified and have me removed from a residence

I was living with my grandmother she passed away my family members requested a court date they lied in court and said that I moved in after my grandmother's death the judge ordered me to be removedI was told I could not get my things and they were destroyed by being thrown in a dumpster I have... Read more »

Paul Stanko
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Paul Stanko
answered on Sep 11, 2016

You may have been deprived of procedural due process. Contact an attorney near you about filing a small claims action for your losses.

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Indiana on
Q: My boyfriend violated his work release program by getting repeated violations.. What's next? What can we do? Lawyer?

Can he get a chance to go back to work release? House arrest? Something other than prison or jail?

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 11, 2016

Generally, a violation of one type of placement can result in a higher level of supervision. Work release may still be possible, but after repeated violations, house arrest seems unlikely. Jail or prison is quite likely.

1 Answer | Asked in Criminal Law, Personal Injury and Probate for Indiana on
Q: What are the statue of limitations for a civil suit of child molestation in indiana ?

My sisters and I were molested by our dad when we were kids, not one of us ever received any counseling nit did the state protect us...we want to know if we can sue our dad's estate for what he done to us. As we all 3 continue to have problems because of this.

Peter N. Munsing
Peter N. Munsing
answered on Aug 14, 2016

I take it your father has passed. Generally, if his estate is closed then there is nothing left in the estate. The estate essentially stops existing. (sometimes if there has been no estate one is created for suit purposes to get at insurance money, but there is no insurance that covers criminal... Read more »

1 Answer | Asked in Probate for Indiana on
Q: My mother passed away in September and was intitled to social security. Is this part of her estate?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

Only payments paid to her prior to her death. If a payment is deposited the day after her death, SSA will take it back by right.

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