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Indiana Probate Questions & Answers
1 Answer | Asked in Probate and Estate Planning for Indiana on
Q: Must I pay for a new will if I only want to change executors?
Charles S. Hewins
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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...
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1 Answer | Asked in Probate for Indiana on
Q: How long do you have to transfer willed property into your name?

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

Charles S. Hewins
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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

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Probate for Indiana on
Q: Is it a violation of me/mychild rights when a caseworker remove child from one placement to another without court order?
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If the trustee of a will has their lawyer give you a choice about signing your rights away or get sued what can they do?

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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

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

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Indiana on
Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

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?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Appeals / Appellate Law and Probate for Indiana on
Q: How do I file an appeal in probate court that has totally been mishandled asap
Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: I inherited property from a will. Can I have my granddaughters name put on the deed?
Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: One of my parent's will was rewritten in the last couple of years and heavily favors the executor and their family.

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.

Michael Ray Smith
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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

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Husband owns house & dies, his wife whose name was not on the Deed passes 3 months later before the Deed was transferred

Into her name. They were married 33 years. No minor children. Are her adult children entitled to the house?

Anthony M. Avery
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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.

1 Answer | Asked in Probate for Indiana on
Q: What if I don't be have any of the receipts that judge wants
T. Augustus Claus
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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.

1 Answer | Asked in Probate for Indiana on
Q: My grandmother died almost 2 years ago. She left her house in the will to me. Do I need to do probate?

I have a copy of the will and all of her debts are paid. Where do I start?

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: Do I still make the mortgage payment of some who died and was the sole owner of the property or does it go to the estate

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

Nina Whitehurst
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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

1 Answer | Asked in Probate for Indiana on
Q: My mother recently passed and never claimed my grandfathers property. Being beneficiary to her how would I obtain this?

My grandfather left no will and my mother was his only child.

Nina Whitehurst
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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.

1 Answer | Asked in Probate for Indiana on
Q: My Uncle Mike passed away with no will or power of attorney. He was never married and has no children.

Where do we go from here? He has a small house and a older car both paid for. we are in Indiana

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson
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

1 Answer | Asked in Probate for Indiana on
Q: I need letters of administration regarding my father who passed away in Florida. Do I need an attorney in Florida.

There is unclaimed property for him in New Jersey and they are requesting this. I live in Indianapolis Indiana.

Anthony M. Avery
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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

1 Answer | Asked in Probate for Indiana on
Q: brother refuses to show copy of will said he lost it he was power of attorney. will showed Sister executor of will

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 .

Ben F Meek III
Ben F Meek III
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

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