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 
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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.
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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
I have a copy of the will and all of her debts are paid. Where do I start?
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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
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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.
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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
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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
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There is unclaimed property for him in New Jersey and they are requesting this. I live in Indianapolis Indiana.
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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
Sister with POA handled everything and ended up with everything, claiming there was nothing left. With help from lawyer, discovered bonds ( interest was redeemed 6 days after step-fathers death for $26,000), life insurance, a vehicle and likely checking and savings accounts. Most everything else... View More
answered on Dec 29, 2020
You should talk to an experienced probate lawyer in the state where your step-father received Medicaid and presumably where his property was located. Medicaid has a right under federal law to recover from your step-father's estate (with a few exceptions) the cost of his care that it paid for.... View More
Have discovered assets in excess of$50k that I assume sister with POA has kept. Mother passed Oct. 4, 2019. Her home was supposedly transferred on death to sister by other POA (mother's deceased husband), after removing mother's name from deed, yet home is still in his name. Can't... View More
answered on Nov 24, 2020
Sadly, when a POA does not honor her fiduciary duties, legal action must be brought to rectify the wrongdoings committed. Estate litigation is very expensive so the retainer fee does not sound out of line. You may want to shop for a lower retainer arrangement, but remember the final fee is based... View More
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
answered on Nov 21, 2020
If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.
He is on probation for 6 months in Indiana but he’s trying to be here with me in St. Louis. We planned on getting married sometimes this year, and he has a job waiting for him here already. Is that enough for them to transfer his probation?
answered on Oct 4, 2020
He needs to speak with his probation officer and to discuss how his case can be transferred under the Interstate Compact on Probation.
Sister (trustee) added at disbursement time, once check is cashed I can not pursue any further recovery from her or estate, which I plan to do. Actually needed that money to pay for my lawyer.
Thank you in advance!
answered on Sep 12, 2020
Generally speaking, it is a normal part of the trust administration process to seek a release of liability for the Trustee when finalizing a trust administration. You do not have to sign; however, it would likely hold up the process for you receiving your distribution (and maybe others) from the... View More
settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.
answered on May 7, 2020
Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then... View More
Sister-executor of deceased dad's estate--moved into dad's house-mtg free. Her atty sent statement re: his assets--which stated because she moved in, the money saved due to no RE commission will be taken off his assets? Doesn't make sense to me, as that has nothing to do w/his assets.
Thank you
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answered on May 5, 2020
That doesn't make sense to me, either. You should hire a probate attorney to represent your interests in the probate of your dad's estate. Rogue executors can get away with a lot of crazy things if nobody objects. It might be time for someone like you to watch the henhouse.
So my mother is in a nursing home and on Medicaid. The nursing home itself revives her social security check, and I was delivering her retirement from Chrysler. She receives this because her ex husband work there and they were married 40+ years. He recently passed away and her payments from... View More
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answered on Apr 26, 2020
That is actually a really good idea. As soon as the lump sum is received you can use it to purchase a prepaid funeral plan. But you should check with an Indiana elder law attorney as to whether there is any limit on how much can be deployed in that fashion and still be considered a noncountable... View More
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