Get free answers to your Probate legal questions from lawyers in your area.
answered on Jun 24, 2024
Good news! The answer is no, you do not have to pay for a new will. Indiana law allows for the use of something called a Codicil which makes changing certain details about a will simple and easy.
You will still want to do this with an attorney’s assistance, because there are specific... View More
My mother and her sister inherited a home from their mother in 2011. Their brother has been residing in it since that date. Neither my mother nor the sister cared to do anything with it legally yet. However, my mom is in stage 4 cancer and has a few weeks to live and I have been made her executor.... View More
answered on Jun 6, 2024
This is a very good question! However, a good answer requires more information and will be complicated no matter what. When you say they inherited this home, was it through an estate? Is there a deed in their names? If so, the deed would have very important and valuable information about what... View More
by a third party/bounty hunter company?
answered on Apr 18, 2024
The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.
For example:
1. In... View More
answered on Mar 12, 2024
Removing a child from one placement to another without a court order could potentially be a violation of the child's and the parent's rights, depending on the specific circumstances of the case. Child welfare agencies and caseworkers are generally required to follow due process and obtain... View More
They were not getting anything in the will. The trustee is using her money to basically remove the son from any involvement of his fathers death. He just wanted his dad's ashes. The will said nothing about ashes of his father. He was told that if he didn't sign his rights away she would... View More
answered on Mar 8, 2024
If you're faced with a situation where the trustee of a will is threatening legal action to compel you to sign away your rights, it's important to know your options. Trustees have a legal duty to act in the best interests of the beneficiaries, and their powers are typically defined by the... View More
I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More
answered on Feb 8, 2024
In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More
My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?
answered on Sep 14, 2023
No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.
Now if your brother's criminal case was for... View More
answered on Aug 21, 2023
Hire an IN attorney now to look at the Probate File. If required filings were not made, then the fiduciary might be removed with an accounting required. Possible claim on the Bond. If closed, the Estate might need to be reopened.
answered on Aug 2, 2023
If there is a Probated Will with a specific devise to you as owner, then after the Estate is closed, you can deed your interest to anyone. Your source of title is the Will Book, Page Number usually, and should also include the Probate Case name and Docket Number.
House he’s not married I am the only child
answered on Jul 17, 2023
As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More
Although I don't know exactly what the revisions were, the children are not receiving most of the benefits of the will. There is some question as to the one parent's mental state, who was declining and possibly there was undue influence.
answered on May 12, 2023
Your suspicions may be well founded, but I don't think anyone can give you satisfactory answers to your questions in this forum. You should hire an attorney who handles estate planning and probate matters, lay out everything you know, and get the lawyer's advice on your chances of... View More
Into her name. They were married 33 years. No minor children. Are her adult children entitled to the house?
answered on Sep 29, 2024
The heirs of the wife AND the husband's children are all heirs at law. Hire an IN attorney to search the title and determine heirship.
answered on Nov 9, 2023
Try to get duplicate receipts. Sometimes, businesses keep copies of receipts for a certain period of time. You can try contacting the businesses where you made the purchases to see if they can provide you with duplicate receipts.
I have a copy of the will and all of her debts are paid. Where do I start?
answered on Mar 24, 2023
Since the Will means nothing unless it is filed for Probate, you will want to hire an IN attorney to file it for Probate. If you are the sole heir, then Probate might not be necessary.
I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate... View More
answered on Feb 28, 2023
Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... View More
My grandfather left no will and my mother was his only child.
answered on Apr 27, 2022
You need to hire an attorney to probate your grandfather’s estate and then to probate your mother’s estate.
Where do we go from here? He has a small house and a older car both paid for. we are in Indiana
answered on Mar 2, 2022
Hire an attorney to search the title. The Heirs probably own it, and a recorded Affidavit of Heirship could show the source of title. Remember taxes and mortgages still have to be paid.
Beneficiary legal rights. And someone contesting the will.
answered on May 10, 2021
You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.
https://www.justia.com/lawyers
There is unclaimed property for him in New Jersey and they are requesting this. I live in Indianapolis Indiana.
answered on Mar 29, 2021
I doubt that you will have to file Probate just to obtain property in NJ. A NJ lawyer may be able to record an Affidavit of Heirship, then use it to claim the property for the next of kin. At worst, you may be able to file some type of small estate proceeding either in FL, NJ, or possibly IN.... View More
other family members agreed to have sister executor. But brother a issue in Indiana ,lake county. Can we get estate probated how to proceed without copy of the will .all we know that a copy needed to file for administrator so what do we do .
answered on Dec 30, 2020
You or other family may be able to begin a probate proceeding and get a court order to require your brother to produce the original will. You need to talk to an experienced probate lawyer for specific advice about your situation. Justia.com can help you find one near you and many attorneys offer... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.