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Indiana Estate Planning Legal Questions

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93 legal questions have been posted about estate planning by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Indiana Estate Planning Questions & Legal Answers
Do you have any Indiana Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 93 previously answered Indiana Estate Planning questions.
Estate Planning
Indiana

Recent Legal Answers

Does the executor of an estate have legal rights to the deceased remains?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Priority turns on family relationship with the executor generally able to claim only if no one else does.  Your stepfather, as the surviving spouse, may have priority but he may also agree to share the ashes with you or to provide that they will go to you after he dies.
Priority turns on family relationship with the executor generally able to claim only if no one else does.  Your stepfather, as the surviving... Read More

How do I find my Dad's updated will?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Look throughout the house.  Check any safety deposit box.  Some county probate courts will accept a Will on deposit.  Check to see whether yours does.
Look throughout the house.  Check any safety deposit box.  Some county probate courts will accept a Will on deposit.  Check to see... Read More

regarding how a will works once someone is deceased. Do you have to go to the lawyer who wrote the will up?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can hire any probate lawyer you wish. The executor of the Will has no obligation to make repairs to the property, "necessary" or not.  The executor merely distributes the shares in the property according to the Will.
You can hire any probate lawyer you wish. The executor of the Will has no obligation to make repairs to the property, "necessary" or not.  The... Read More

I was evicted from a property that I lived at4 8 yrs. My mom and 2 sisters were owners. Mom sied n found out i own Can I do anything bout eviction?

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Contact a local probate lawyer.  In many states you would not have been summarily evicted and would have a right to buy out the partial owners.
Contact a local probate lawyer.  In many states you would not have been summarily evicted and would have a right to buy out the partial owners.

Who would be the executor of an estate unmarried with 2 minor children?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Since there was no Will, someone would serve as administrator, not executor of the estate.  As mother of his heirs, you could apply to serve.  Please see a local probate lawyer.
Since there was no Will, someone would serve as administrator, not executor of the estate.  As mother of his heirs, you could apply to... Read More

estate

Answered 8 years and 2 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The will needs to be submitted to the court for probate jurisdiction.  This is typically too complicated to do without an attorney.  I recommend that you consult with an attorney in the county where your mom passed, and proceed accordingly.   There are deadlines for this kind of thing, so move quickly on this.   Good luck... Read More
The will needs to be submitted to the court for probate jurisdiction.  This is typically too complicated to do without an attorney.  I... Read More

What can be done if aunt won't open will and it's been almost 2 years?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you mean that Aunt won't open an estate where a will exists, than contact an attorney in your community about opening an estate and requiring the aunt to turn over the will (assuming has it). If you are an heir, than it will be worth spending the money to do this.
If you mean that Aunt won't open an estate where a will exists, than contact an attorney in your community about opening an estate and requiring the... Read More

Can they take the home due to medical bills?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you mean your brother's bills, then yes, he could be sued and a judgment placed against the house which would ultimately force sale of the house. If you are talking about an insurance or Medicare/Medicaid lien, you need to sit down and talk to an attorney in your community who deals with elder law issues to discuss ways to avoid this from happening.... Read More
If you mean your brother's bills, then yes, he could be sued and a judgment placed against the house which would ultimately force sale of the... Read More

What should I do if my brother, who is the beneficiary of my estate, recently died?

Answered 8 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Have your lawyer review your will to see if changes need to be made based upon your current wishes.
Have your lawyer review your will to see if changes need to be made based upon your current wishes.

If my kid’s father and I never been married and all 6 vehicles are in my name, how can I go about removing my name from the registration?

Answered 8 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Please report and give us an idea of that the background is and what you are trying to do. This question makes little sense as posted.
Please report and give us an idea of that the background is and what you are trying to do. This question makes little sense as posted.

How do I, her daughter, get power of attorney over her account to withdraw her funds?

Answered 8 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You can't get a POA AFTER someone has died. An attorney can prepare the needed paperwork for the money in the bank to go the proper heir(s) and it will not cost much just for that.
You can't get a POA AFTER someone has died. An attorney can prepare the needed paperwork for the money in the bank to go the proper heir(s) and it... Read More

Why would this info on my dead mom be needed?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
To confirm that your mother is really dead and therefore has no claim on any pension money.
To confirm that your mother is really dead and therefore has no claim on any pension money.

Is it illegal to live in a house on probate with no utilities and have kids there without permission by the siblings?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
The personal representative of your father's estate is in charge of who lives there. You should protest to the PR, and if that does not work, ask the court to replace the PR. Remember that sometimes it may be better to maintain a house for sale with a person living there instead of it being empty.... Read More
The personal representative of your father's estate is in charge of who lives there. You should protest to the PR, and if that does not work, ask the... Read More

Can my child and I be kicked out of our home if my name is on the property?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
By whom? Under what some circumstances? More facts are needed.
By whom? Under what some circumstances? More facts are needed.

If the will was made from home state will this be valid from different state?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If the will was made from home state will this be valid from different state? Yes, if by "valid" you mean legally and properly prepared and signed. AS to the rest of your question, enough time has gone by that you should have a lawyer read the will and discuss your estate planning alternatives with you.... Read More
If the will was made from home state will this be valid from different state? Yes, if by "valid" you mean legally and properly prepared and signed. ... Read More

How can I find out who was beneficiary on my father’s retirement fund?

Answered 9 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
No, she can't change anything unless your father's retirement fund gives her the right as a surviving spouse to do so.
No, she can't change anything unless your father's retirement fund gives her the right as a surviving spouse to do so.

If my father just passed away, the home and land will be mine, but it is in probate right now, can I legally live in the house?

Answered 9 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
With the personal representative's permission, yes.
With the personal representative's permission, yes.

Is it legal if my cousin was placed in my father's plot?

Answered 9 years and 2 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Whoever owns it can allow it to be used by whomever they wish.
Whoever owns it can allow it to be used by whomever they wish.

Am I entitled to be reimbursed for care?

Answered 9 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Depends on what you and your mother agreed to as compensation for her care. If you just volunteered to do it with no agreement as to being paid, you cannot create a debt out of thin air now.
Depends on what you and your mother agreed to as compensation for her care. If you just volunteered to do it with no agreement as to being paid, you... Read More

What should I do if my daughter died and my house was in her name?

Answered 9 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
It's not " your house" legally, it was hers. Go talk to an estate attorney in your community IMMEDIATELY, and do not assume that just because you paid the mortgage payments it will somehow turn out alright.
It's not " your house" legally, it was hers. Go talk to an estate attorney in your community IMMEDIATELY, and do not assume that just because you... Read More

Can I still keep the truck in my deceased parent's name and just continue to make the payments to the bank?

Answered 9 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You need to get the title over into your name, but the bank will probably allow you to make the payments rather than repo the car.
You need to get the title over into your name, but the bank will probably allow you to make the payments rather than repo the car.

Would they still be POA over mother and her estate now, or should mother have a will drawn up now?

Answered 9 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
The only person who can give a POA over your mother is your mother. The only person who can name an executor of your mother's estate at this time is your mother, in a will. This sounds all fouled up, and your mother should visit a lawyer.
The only person who can give a POA over your mother is your mother. The only person who can name an executor of your mother's estate at this time is... Read More

What can be done on a possible fraudulent quitclaim?

Answered 9 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
"We" can't do anything. You would be unwise to buy the house without title insurance, and it would be up to the seller to take care of title problems that would allow that to happen. There is nothing YOU can do, or should do, to get involved with this mess; it is your seller's job to straighten it out. Also, the city doesn't "accept" anything; deeds are filed with the county recorder.... Read More
"We" can't do anything. You would be unwise to buy the house without title insurance, and it would be up to the seller to take care of title problems... Read More

Can my sister keep me from seeing my mom?

Answered 9 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Not unless your mom lets her do so. The POA doesn't take your mother's rights away to choose who she sees. If you believe your mother is incompetent, you should consider seeking guardianship.
Not unless your mom lets her do so. The POA doesn't take your mother's rights away to choose who she sees. If you believe your mother is... Read More

What options do we have if my mom passed away leaving me, my brother, her half-sister, and grandmother as her closest relatives with no will?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
When a person has no will, the spouse gets assets first. Usually around $40,000 worth. Anything over that goes 1/3 to each child and 1/3 to the spouse.
When a person has no will, the spouse gets assets first. Usually around $40,000 worth. Anything over that goes 1/3 to each child and 1/3 to the... Read More
Estate Planning
Indiana

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