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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 - Page 2
Do you have any Indiana Estate Planning questions page 2 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 trustee of a home have the right to kick out a part owner in the home who lives there?

Answered 9 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Depends on what the terms of the trust say about her powers.
Depends on what the terms of the trust say about her powers.

If I pass with the properties still joined, can I will my portion to a third party?

Answered 9 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Your parents' wishes, unless they were written in a will which was filed for probate, are at this point meaningless. You need to show the deed to a lawyer to otherwise answer this question.
Your parents' wishes, unless they were written in a will which was filed for probate, are at this point meaningless. You need to show the deed to a... Read More

What do I do if a deceased person didn’t divulge where he put the home document?

Answered 9 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
What do you mean by "home document". A contract, a promissory note (loan), a deed. I don't know what "a man was put on court" means either. Are you sure you meant to send this matter to the State of Indiana, USA forum? If so, please post with more clarity and information .
What do you mean by "home document". A contract, a promissory note (loan), a deed. I don't know what "a man was put on court" means either. Are you... Read More

Do my two sisters and I have any rights to either of the home or the vehicle?

Answered 9 years and 10 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you have an interest in this property under these facts. Go talk to a lawyer to protect those interests.
Yes, you have an interest in this property under these facts. Go talk to a lawyer to protect those interests.

Is there any way I can find out the attorney that drew up the will as well?

Answered 9 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Her will cannot be changed after death. He can only change his own will. Wills are to be filed in county where she resided at death if an estate is not opened in the near future. The clerk of the county will have information on that.
Her will cannot be changed after death. He can only change his own will. Wills are to be filed in county where she resided at death if an estate is... Read More

My Uncle has POA and is putting his name on all items in the house that he wants for himself, can he actually do this?

Answered 9 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
This is probably a breach of his fiduciary duties if he is taking property for himself that Grandma has not given him. Please get grandmother to an attorney to express these concerns.
This is probably a breach of his fiduciary duties if he is taking property for himself that Grandma has not given him. Please get grandmother to an... Read More

Do I have to share property with my step kids?

Answered 10 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Yes, without a will, you will share in your husband's solely owned assets if he dies. It is impossible to tell you now how much that will be. The two of you need to write wills to state how each of you wants your property distributed.
Yes, without a will, you will share in your husband's solely owned assets if he dies. It is impossible to tell you now how much that will be. The two... Read More

If he dies, who does the home go to if it was bought before we were married?

Answered 10 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
That depends on what his will says. If he has no will, then you and his children would share ownership under a formula established by the Indiana legislature.
That depends on what his will says. If he has no will, then you and his children would share ownership under a formula established by the Indiana... Read More

Can I inherit my dad's half of estate when step mom died?

Answered 10 years and a month ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
The property will pass according to her will, and if there was none, to her children.
The property will pass according to her will, and if there was none, to her children.

How do I find out if my grandfather left me in his will?

Answered 10 years and a month ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Check the county where he died. The clerk can tell you whether a will was probated and/or an estate opened.
Check the county where he died. The clerk can tell you whether a will was probated and/or an estate opened.

Can he be evicted from a home that his name is on the deed?

Answered 10 years and 2 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
He cannot evict him. He can go to court to force a sale of the home, even if your son does not want to sign. Your son should contact an attorney to protect his investment in the house. (If your son has merely lived there for free, he may want to assign the QC deed and get out in a reasonable time.)... Read More
He cannot evict him. He can go to court to force a sale of the home, even if your son does not want to sign. Your son should contact an attorney to... Read More

Do I own the stuff inside if my boyfriend and I have a house together with joint tenancy with rights of survivorship?

Answered 10 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You have no automatic rights from a live-in relationship. You would have the right to own what you can show you own, and possibly items you can show you bought together.
You have no automatic rights from a live-in relationship. You would have the right to own what you can show you own, and possibly items you can show... Read More

What happens if a man dies and his wife changes his will?

Answered 10 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Anything she does would not be part of his will, therefore nothing. She might have a criminal problem if she tries to misrepresent her actions as his.
Anything she does would not be part of his will, therefore nothing. She might have a criminal problem if she tries to misrepresent her actions as his.

If someone passes away and was living with someone but not married, does the mother have rights to his personal stuff?

Answered 10 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Please repost with more information. Is it the son's mother you are talking about? If so, does the son have any children? A spouse they are separated from? A surviving father?
Please repost with more information. Is it the son's mother you are talking about? If so, does the son have any children? A spouse they are separated... Read More

How can I remove my son from a deed of one of my properties because I want to sell it?

Answered 10 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Ask him to sign a quitclaim deed to give his ownership rights to you.
Ask him to sign a quitclaim deed to give his ownership rights to you.

What do I do if I am a joint holder of a flat, other holder is dead with no legal heir but some lady and her son is telling they are his legal heir?

Answered 10 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Show the deed to an attorney to help you determine actual ownership.
Show the deed to an attorney to help you determine actual ownership.

Who is responsible for paying for a funeral if one of the heirs illegally liquidated the estate?

Answered 10 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
The funeral home can pursue anybody who signed the contract. They did nothing wrong. The wronged heir can pursue the other heir in a separate action, and should talk to an attorney in Indiana about doing so.
The funeral home can pursue anybody who signed the contract. They did nothing wrong. The wronged heir can pursue the other heir in a separate... Read More

How can I determine what contents mean?

Answered 10 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Yes, retain a lawyer.
Yes, retain a lawyer.

If my brother is incapable and I have a POA that states that it falls to me, do I need a special form to be notarized?

Answered 10 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Unless you are selling her land, there is nothing that needs to be notarized.
Unless you are selling her land, there is nothing that needs to be notarized.

How do I get the ex boyfriend of my deceased widowed mother to leave the residence?

Answered 10 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You need to review this with a lawyer in detail, but yes, you need to evict him if he won't leave voluntarily. You have sufficient assets at stake here to justify talking to a lawyer about the best way to proceed. No one can give you all the possible answers to your questions in this forum.... Read More
You need to review this with a lawyer in detail, but yes, you need to evict him if he won't leave voluntarily. You have sufficient assets at stake... Read More

Can I take someone off a survivorship deed without them knowing?

Answered 10 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
No, you can't. She is the owner of the house, subject to your life estate, pursuant to the facts you have recited. Now, if this is a transfer upon death deed, your mother can do something totally different. Mom needs to sit down with a lawyer and have the lawyer read the deed.
No, you can't. She is the owner of the house, subject to your life estate, pursuant to the facts you have recited. Now, if this is a transfer upon... Read More

Can a US citizen receive foreign lottery winnings?

Answered 10 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Legal, generally yes. Likely to get notice of such a prize and have it NOT be a scam? No.
Legal, generally yes. Likely to get notice of such a prize and have it NOT be a scam? No.

What do I do to be able to sell if mother is also on the deed and doesn’t want to sell?

Answered 10 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You can go to court to compel a sale of the property.
You can go to court to compel a sale of the property.

Is it legal for the executor to charge me for things s did before becoming the executor?

Answered 10 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
It depends on what the "things" are. Take the bill for the proposed payment to an attorney who can advise you on it. Unless the estate is insolvent, you can afford to do this.
It depends on what the "things" are. Take the bill for the proposed payment to an attorney who can advise you on it. Unless the estate is insolvent,... Read More

Is this legal or just unethical to tack the amount to get more money from insurance?

Answered 10 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Your neighbor should take the contract to an attorney who can tell her whether the contract allows the addition of repair costs to the balance, and if so, how to deal with this action. No one can answer this without reading their contract.
Your neighbor should take the contract to an attorney who can tell her whether the contract allows the addition of repair costs to the balance, and... Read More
Estate Planning
Indiana

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