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Indiana Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If my Mother gifts me her house. And uses the IRS form 709 on this years taxes. If she passes can the IRS come after me?

She will be 91 this month. In pretty good health but may need some in home assistance or go to an assisted living facility at some point in time.

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime... Read more »

1 Answer | Asked in Elder Law, Gov & Administrative Law and Probate for Indiana on
Q: Is medicaid prohibited to seek recovery from nursing home receipient's estate if there is a disabled adult child?

Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Can my mother's husband remove my mother from deed, leaving him as sole owner, then TOD to my sister? He had POA.

Mother's husband held POA and removed my mom from the deed, then did a transfer on death to my sister. Thank you in advance.

Nina Whitehurst
Nina Whitehurst answered on Jan 27, 2020

With the POA he may have had the apparent legal authority to do that, but depending on a variety of factors, that might have been a breach of fiduciary duty (or not). More facts are needed. You should consult with an elder law attorney if you have concerns.

2 Answers | Asked in Civil Rights and Probate for Indiana on
Q: He wants to sell thehouse. If I can get into the house and change the locks, could he take any legal action against me?

My grandmother just past and left her house and all assets to me and my two sisters. My great Uncle was made the executor of her will. He is firm in his belief that everything has to be liquidated, that he has already had them appraised and had a yard sale without our knowledge. We have asked for... Read more »

Gary Kollin
Gary Kollin answered on Oct 19, 2019

Get a court order

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1 Answer | Asked in Probate for Indiana on
Q: My mother passed away in May I found out who her attorney was if he has a copy of the will is he obligated to show it

Our little sister keeps avoiding as about showing as the will

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

To administer the will it must be lodged with the local probate court and a probate case must be opened. If your sister is dragging her feet on this, YOU can open a probate case yourself and notify the court that she has the will. The court can order her to produce the will. In some states there... Read more »

1 Answer | Asked in Probate for Indiana on
Q: What if there was no will when my mother died with sister having power of attorney 5 siblings no probate filed

Mom passed away in May I know my sister filed for an affidavit for estate on the 12th of September but won't give any info to sibs

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

First, the power of attorney has no effect after the principal dies.

Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help...
Read more »

1 Answer | Asked in Probate for Indiana on
Q: Are lawyers obligated to show a copy of the will to the son of the deceased?

My sister said she couldn't remember the lawyer, however I found out thru

the assesors office that the house is still in my mother's name and who the attorney was.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

A lawyer in possession of the original will is usually obligated to lodge it with the local probate court when he learns that the decedent has passed. If the lawyer only has a copy of the will, usually he will only provide the copy to the executor named in the will, absent a court order.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Do I qualify for survivorship?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Probate for Indiana on
Q: What can be done when a father takes his daughter’s inheritance?

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.

Nina Whitehurst
Nina Whitehurst 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 by... Read more »

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Does a small estate affidavit cover real estate in Indiana? Total assets-including real estate- is under $30,000.

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?

William J Webster
William J Webster 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...
Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: in indiana, is a likely beneficiary entitled to see a testator's will before the testator dies?

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?

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

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. She... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Probate for Indiana on
Q: I know an executor can change locks on a house--but can they keep other family members (beneficiaries) out?

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...

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Probate for Indiana on
Q: My sister is executor of our fathers estate, and after all is settled, wants to buy us out of our share of his home.

Which she's in no rush to do, though she is wealthy. As beneficiaries, can we insist on the house being sold?--

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: Mother and stepfather owned a home mom died in 2013 he took her name off title now wants to sell

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.

John Mario Acosta Jr.
John Mario Acosta Jr. 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.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Indiana on
Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

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.

Kenneth V Zichi
Kenneth V Zichi 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 common' which means that... Read more »

1 Answer | Asked in Probate for Indiana on
Q: My husband passed with no will. All assists are in both our names. Do I need to probate anything?
Alexander Florian Steciuch
Alexander Florian Steciuch 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... Read more »

1 Answer | Asked in Probate for Indiana on
Q: My mother didn't leave a will has to property has no debt what kind of lawyer do I need? There are four of us agreement.
William J Webster
William J Webster 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 the...
Read more »

1 Answer | Asked in Probate for Indiana on
Q: My husband passed away with no assets. He accumulated a lot of medical bills over the last 6 months. Am I responsible?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 21, 2019

Yes. In Indiana, spouses are responsible for the costs of necessities that their partners incur. This includes medical bills.

1 Answer | Asked in Probate for Indiana on
Q: Power of attorney

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.

Kelli Y Allen
Kelli Y Allen 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.

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