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 4
Do you have any Indiana Estate Planning questions page 4 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.

Recent Legal Answers

How long is a will valid?

Answered 14 years ago by Bernard Huff (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Wills are usually perpetual unless changed or invalidated through amendments (codicils) or by operation of law (statutes and court actions).
Wills are usually perpetual unless changed or invalidated through amendments (codicils) or by operation of law (statutes and court actions).

Does the husband inherit the home after the wife passes?

Answered 14 years ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It really depends on what the deed says. It may pass probate or may require probate under applicable laws of intestacy.
It really depends on what the deed says. It may pass probate or may require probate under applicable laws of intestacy.

How long is a will valid in the state of Indiana? Does divorce make it no longer valid?

Answered 14 years ago by John Palley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Each state is different but I suspect my California background will work here. A will is valid forever.  Divorce probably makes any provisions, where the ex is named, as if the ex wasn't named. That is, the ex is probably treated as being pre-deceased. However, it's always a good idea to get a new will when you get divorced to be safe. Good luck.... Read More
Each state is different but I suspect my California background will work here. A will is valid forever.  Divorce probably makes any provisions,... Read More

Is there any advantage to my widowed mother to put her home in one of her children's names?

Answered 14 years and a month ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your widowed mother wants to leave her house to one of her children, she should make a will. With respect to the disposition of her estate after her death, she should consult with a probate lawyer.
If your widowed mother wants to leave her house to one of her children, she should make a will. With respect to the disposition of her estate after... Read More

Can I give my son power of attorney to sell my home in another state?

Answered 14 years and a month ago by Donald Keith Broad (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Yes. A power of attorney is a fairly simple document, and most attorneys can prepare that on a flat basis. You (or your son) should contact an attorney in Indiana (where the property is located) to have the document prepared.
Yes. A power of attorney is a fairly simple document, and most attorneys can prepare that on a flat basis. You (or your son) should contact an... Read More

Can the property be gifted if not all the deed owners have signed?

Answered 14 years and a month ago by Donald Keith Broad (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Generally, in order for real estate that is jointly owned to be transferred in any way, even a portion of the land, all current land-owners need to sign the deed making the transfer. You should check with an attorney in your area to be certain, but I suspect that the "transfer" or gift from your father to your brother is not valid.... Read More
Generally, in order for real estate that is jointly owned to be transferred in any way, even a portion of the land, all current land-owners need to... Read More

What are the rights of the children when a father remarries?

Answered 14 years and a month ago by Donald Keith Broad (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
If your Dad has a will, and the will is validly executed (in other words he was mentally competent and under no undue influence when he executed it, whatever it says will control. If the will is proper and leave everything to his wife, then it will all go to his wife, unless you can successfully challenge the will. I really don't think the alleged abuse will make much difference.... Read More
If your Dad has a will, and the will is validly executed (in other words he was mentally competent and under no undue influence when he executed it,... Read More

What will a wife inherit if her name isn't on anything?

Answered 14 years and a month ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It depends on the state's inheritance laws where the older couple live. Many states allow the living spouse to take a share of the deceased's spouse's estate in spite of or against the will. Also, the living spouse may have an interest in the homestead property or the couple's main residence which one spouse cannot deed away. The living spouse should consult with an estate or probate attorney regarding her property rights after her husband's death.... Read More
It depends on the state's inheritance laws where the older couple live. Many states allow the living spouse to take a share of the deceased's... Read More

When a sister dies, is the brother legally forced to pay off her credit card debt?

Answered 14 years and 2 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No, the brother usually is not ob ligated unless his name is also on his deceased sister's credit card. Did the deceased sister leave an estate? If so, the debt should be handled in that estate.
No, the brother usually is not ob ligated unless his name is also on his deceased sister's credit card. Did the deceased sister leave an estate? If... Read More

How does my father obtain a car his father gave him before he died?

Answered 14 years and 2 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You should pay the $3,000 storage fee and retrieve the car.Afterwhich, put forth as much additional effort as possible to locate your father. Perhaps, you can get someone to assist you to try to locate him on the internet.
You should pay the $3,000 storage fee and retrieve the car.Afterwhich, put forth as much additional effort as possible to locate your father.... Read More

Do wills need to be notarized?

Answered 14 years and 3 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No they do not. Execution of wills usually involves thesignatures and attestation by witnesses and the testator and the date of execution.
No they do not. Execution of wills usually involves thesignatures and attestation by witnesses and the testator and the date of execution.

How do I obtain a death certificate of my mother?

Answered 14 years and 5 months ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You can get a copy of the death certificate from the county department of health where she died.
You can get a copy of the death certificate from the county department of health where she died.

Can I get a temporary power of attorney to take care of a neighbor?

Answered 14 years and 5 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your neighbor has been declared to be or is in fact mentally incompetent, he doesn't have the mental capacity to give you a power of attorney over him. Perhaps, you can initiate legal proceedings to get a guardianship.
If your neighbor has been declared to be or is in fact mentally incompetent, he doesn't have the mental capacity to give you a power of attorney over... Read More

Can I remove myself from my fathers will?

Answered 14 years and 7 months ago by Glen Edward Ashman (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
You can refuse an inheritance. To avoid confusion, have a lawyer draft an appropriate document.
You can refuse an inheritance. To avoid confusion, have a lawyer draft an appropriate document.

How do I divide the estate if one of the beneficiaries dies?

Answered 14 years and 8 months ago by attorney Monica H. Donaldson Stewart   |   5 Answers   |  Legal Topics: Estate Planning
It actually depends on some specific language in the will - it could go to her own surviving child(ren), or it could go to your father's other living children. I recommend you have an attorney review the will and help you determine your options.
It actually depends on some specific language in the will - it could go to her own surviving child(ren), or it could go to your father's other living... Read More

Can I obtain power of attorney over my mom's assets?

Answered 14 years and 9 months ago by Bernard Huff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, if your mother is mentally competent to execute a Power of Attorney. You should seek the advice of an attorney who may legally prepare and have the Power of Attorney properly executed
Yes, if your mother is mentally competent to execute a Power of Attorney. You should seek the advice of an attorney who may legally prepare and have... Read More

Can we avoid giving any of my inheritance over to the trustee if I inherited it after our bankruptcy case was closed?

Answered 14 years and 10 months ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
First, it's not necessarily a "mistake" that the Trustee closes a case that has some sort of assets if he or she doesn't believe it is worth pursuing for liquidation or that it would make a meaningful dividend to creditors of the bankruptcy estate. Further, if the inheritance comes within that 180 day period post-closing, the trustee has the statutory authority to reopen the case and demand turnover of the inheritance for the benefit of the bankruptcy estate.... Read More
First, it's not necessarily a "mistake" that the Trustee closes a case that has some sort of assets if he or she doesn't believe it is worth pursuing... Read More

What is the legal process to stop construction on disputed land until the court decision?

Answered 14 years and 11 months ago by Eric C. Lewis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Seek a TRO - temporary restraining order or what is called "injunctive relief"
Seek a TRO - temporary restraining order or what is called "injunctive relief"