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He had a second wife at time of death
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 
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
Will everything go to his heirs?
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
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
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... View More
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
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
Probation violation is from dirty drug screen
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... View More
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.
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... View More
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.... View More
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.
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... View More
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... View More
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... View More
The will specifies the property is to be sold and split 4 ways. Items are disappearing and lots of traffic in the home.
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... View More
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?
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.
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... View More
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.
Can he get a chance to go back to work release? House arrest? Something other than prison or jail?
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.
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.
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... View More
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.
answered on Jul 12, 2012
Hire a lawyer and petition the court to open the estate for an intestate decedent. The procedure is the same. The difference comes in who is likely to be appointed by the judge to administer the affairs. With a will, the listed administrator is the most likely to be appointed by the judge.... View More
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answered on Jul 21, 2011
Interesting question. I am posting a copy of the statute that seems to indicate that you are responsible but limits who can sue you for payment. IC 31-16-17
Chapter 17. Liability for Support of Parents
IC 31-16-17-1
Duty to furnish support for parents
Sec. 1. Any... View More
Sister (my aunts) and one brother (my uncle) as tennants in common and each owned one third of the property.. All three are now deceased. My uncle's share passed by his will to his 5 children (they will divide $30,000 between the five children. One sister (my aunt) left her one third... View More
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answered on Jul 19, 2011
I beleive that your sibs do as she is disclaiming your father's share only. Also, thank you for providing a clear picture of a complicated fact pattern.
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