QUESTION

Can my brother's daughter inherit the estate?

Asked on Apr 22nd, 2012 on Estate Planning - Indiana
More details to this question:
My brother passed away in Indiana. His wife does not want to inherit the estate even though she is the primary beneficiary. Can his daughter inherit the estate? Does she have to pay wealth tax or gift tax?
Report Abuse

2 ANSWERS

General Practice Attorney serving Indianapolis, IN at Broad Law Firm, LLC
Update Your Profile
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.
Answered on Apr 24th, 2012 at 4:48 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should retain a probate attorney for legal advice and assistance. If required, that attorney will open an administration on behalf of your deceased brother, pay his debts and taxes, and should properly dispose of his assets.
Answered on Apr 24th, 2012 at 4:46 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters