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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 3
Do you have any Indiana Estate Planning questions page 3 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

Is it legal for my sister to deposit a check without my consent?

Answered 10 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Maybe, maybe not. Depends on who the check was made out to, where it came from, what was its purpose, and what has occurred with the money since then. It is not automatically "illegal".
Maybe, maybe not. Depends on who the check was made out to, where it came from, what was its purpose, and what has occurred with the money since... Read More

My deceased father never settled hi mother's estate, what happens to the house now?

Answered 10 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
You hire an attorney so the heirs of your father can get their share of the house.
You hire an attorney so the heirs of your father can get their share of the house.

Do I have to probate or file her will if she has an unsigned will?

Answered 11 years and a month ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you do not have a signed will, you do not have to do anything. Whomever might have the signed will should be notified, as they are to file it with the clerk in the county where your aunt died. With no assets, there is no reason to do more at this time.
If you do not have a signed will, you do not have to do anything. Whomever might have the signed will should be notified, as they are to file it with... Read More

I have been removed as executor and heir of my boss' estate, do I have any recourse for this breach of contract?

Answered 11 years and 2 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If your boss is still alive, his will can be changed at any time to remove you as heir or executor. If your boss is deceased, his will cannot be changed to remove you as an heir, though the court can choose to remove you as executor if you are not doing the job properly. If you worked for your boss and were promised a payment which was not delivered, you may have a breach of contract claim, which you should review with an attorney in your community.... Read More
If your boss is still alive, his will can be changed at any time to remove you as heir or executor. If your boss is deceased, his will cannot be... Read More

Can someone sign you out of a will?

Answered 11 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Without seeing the paper, it is impossible to tell what you are talking about either, but your sister cannot "sign you out" of a will. When your mother passes, talk to an attorney about what needs to be done then.
Without seeing the paper, it is impossible to tell what you are talking about either, but your sister cannot "sign you out" of a will. When your... Read More

How do I give my house to my son?

Answered 11 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If all you want to do is give him the house, have an attorney in the state where the house is located prepare a deed making the transfer. Your mention of the mortgage confuses me, as I can't figure out why that makes any difference if you are not expecting any money from your son for the house, so you might want to talk about the subject again when you talk with the lawyer.... Read More
If all you want to do is give him the house, have an attorney in the state where the house is located prepare a deed making the transfer. Your... Read More

If my uncle and I have a joint checking account, will my personal accounts be at risk if my uncle applied for Medicaid?

Answered 11 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you are talking about other accounts that are solely in your name, the answer is no, no risk.
If you are talking about other accounts that are solely in your name, the answer is no, no risk.

Do we have to put the money toward the loans or does my husband get to keep it?

Answered 11 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
1. You need an estate attorney, and that attorney will be able to answer your question AFTER reading the will and obtaining asset information from you. 2. On the facts presented, if claims are filed, the estate would pay money to the creditors before any money would be distributed to your husband.... Read More
1. You need an estate attorney, and that attorney will be able to answer your question AFTER reading the will and obtaining asset information from... Read More

Does my brother have any legal rights to the house if he has already signed a contract to buy the house?

Answered 11 years and 4 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Not going to get an answer this way. Your brother needs to ask the question of an attorney with the contract there for the lawyer to read. Then the question can be answered.
Not going to get an answer this way. Your brother needs to ask the question of an attorney with the contract there for the lawyer to read. Then the... Read More

Does my sister have rights to the apartment my mother built?

Answered 11 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If it is built on your sister's land, it is an improvement to her property, and your mother has no rights to it unless there is a lease or other contract between them.
If it is built on your sister's land, it is an improvement to her property, and your mother has no rights to it unless there is a lease or other... Read More

Is a lawyer required to dissolve a trust fund equally among four siblings that all agree?

Answered 12 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
Contacting an attorney will not tie up the money for a long time, and will protect everyone. The Power of Attorney expired at the time of his mother's death, so that provides no authority. The money has to be distributed based upon the wording of the document, not the agreement of the siblings. Please do NOT try this at home; get help from an attorney in your community to do it right.... Read More
Contacting an attorney will not tie up the money for a long time, and will protect everyone. The Power of Attorney expired at the time of his... Read More

Can my brother transfer his loan mortgage to one of us?

Answered 12 years and 11 months ago by Mr. Gregory Herman-Giddens (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
Only with authorization from the bank.
Only with authorization from the bank.

How long can a person use power of attorney?

Answered 13 years and 6 months ago by William H. Von Willer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
A Power of Attorney may be limited according to the terms of the Power of Attorney itself, or, it may last until revoked by the maker, or, it may end upon the death of the maker for most purposes.
A Power of Attorney may be limited according to the terms of the Power of Attorney itself, or, it may last until revoked by the maker, or, it may... Read More

If there is somethings happen to my mother,would my step father get my mother's part in the house?

Answered 13 years and 6 months ago by Eric C. Lewis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Maybe...it depends on the language in the deed.
Maybe...it depends on the language in the deed.

Can you close an estate after giving the house back to the bank through foreclosure? If so, how soon after?

Answered 13 years and 7 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You should at least consult with a probate lawyer to obtain specific legal advice on handling small and insolvent estates under the Indiana Probate Code.
You should at least consult with a probate lawyer to obtain specific legal advice on handling small and insolvent estates under the Indiana Probate... Read More

Am I liable for a second mortgage in my husband's name after he passes away?

Answered 13 years and 7 months ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, if the mortgage is in your name, and you do not pay it as agreed, you are responsible for it.
Yes, if the mortgage is in your name, and you do not pay it as agreed, you are responsible for it.

Instead of giving cash to a beneficiary, can I have the money to to an annuity in my Will?

Answered 13 years and 7 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you may. However, you should consult with a probate attorney to assure that you assets are legally handled correctly in your will or a trust.
Yes, you may. However, you should consult with a probate attorney to assure that you assets are legally handled correctly in your will or a trust.

Can I be forced to refinance against my will?

Answered 13 years and 8 months ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It is possible that as part of the divorce, you could be ordered by the court to refinance to seperate your name or her name from the mortgage, depending on who gets the property. If in doubt at all, you should consult a local attorney.
It is possible that as part of the divorce, you could be ordered by the court to refinance to seperate your name or her name from the mortgage,... Read More

Will all of her sons get equal share?

Answered 13 years and 9 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The will determines the share that each of the surviving children gets. If the deceased daughter left surviving children, they may inherit her share of their grandmother's estate. It may be wise to at least consult with a probate attorney in handling the deceased mother's estate.
The will determines the share that each of the surviving children gets. If the deceased daughter left surviving children, they may inherit her share... Read More

Do I have to fire the Atty that wrote my will, who is also named as the executor?

Answered 13 years and 9 months ago by John Palley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
As long as you are ok with him or her being your executor then it's no problem. In California the attorney who names themselves as the executor can be easily removed from that position unless a certified of independent review is done. That is where another attorney confirms you really wanted to make the other attorney your executor.  As long as you are happy with the attorney as your executor all is good.... Read More
As long as you are ok with him or her being your executor then it's no problem. In California the attorney who names themselves as the executor can... Read More

If I purchased a home before I married and I die is my husband able to get the home if not on the deed?

Answered 13 years and 10 months ago by Bernard Huff (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You should execute a new deed to transfer your home to both your husband and you in a tenancy by entirety. Both, your husband and you, may also want to make joint wills with respect to your home and each other assets.
You should execute a new deed to transfer your home to both your husband and you in a tenancy by entirety. Both, your husband and you, may also want... Read More

If I just got married and I have a will with someone else as beneficary who would inherit my estate?

Answered 13 years and 10 months ago by Donald Keith Broad (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
In Indiana, the will would control, but your husband would still have a right to take against the will. The amount that he can claim is set by statute and would not be the entire estate. If you wish your new husband to take your estate, you will need to have a new will drafted.
In Indiana, the will would control, but your husband would still have a right to take against the will. The amount that he can claim is set by... Read More

is a widow responsible for husband medical bills prior to death?

Answered 13 years and 11 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The widow is responsible for the medical bills only if she signed for and assumed those obligations prior to her husband's death. However, the creditors can seek payment from the husband's assets in his estate. The widow should at least consult with an estate lawyer for specific legal advice and assistance.... Read More
The widow is responsible for the medical bills only if she signed for and assumed those obligations prior to her husband's death. However, the... Read More

Can my brother's daughter inherit the estate?

Answered 13 years and 11 months ago by Donald Keith Broad (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Generally, your brother's Last Will and Testament will control who inherits from his estate. If he has no will, Indiana law will give half to his spouse and the remaining half to be divided equally by his children. In either case, the wife can decide to disclaim her interest. Ultimately, it will depend upon what his will says, if there is one. There will likely be inheritance tax to pay, possibly estate taxes, but it is unlikely that any gift taxes will be owed.... Read More
Generally, your brother's Last Will and Testament will control who inherits from his estate. If he has no will, Indiana law will give half to his... Read More

In reference to a will, is a step daughter treated as if she is my daughter?

Answered 13 years and 11 months ago by Eric C. Lewis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
In a properly made will, a relationship does not matter. As long as he indicates her legal name, and that is not confusing or possible to be confused with someone else, it should not matter.
In a properly made will, a relationship does not matter. As long as he indicates her legal name, and that is not confusing or possible to be... Read More
Estate Planning
Indiana

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