QUESTION

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?

Asked on Jul 12th, 2016 on Estate Planning - Indiana
More details to this question:
She'd also been remarried for 3 years (though only 1-2 years legally due to a filing error of their marriage license). I live in the same state with my mother and step-father, however with the exception of their house here (which I believe they both were on the title) and a joint credit card account through their company. My mother's entire estate was in another state where she kept legal residence with all of her estate being under her previous name, only living in Indiana for missionary work (returning several times a month to help my grandmother and maintenance her house). Both my grandmother and aunt wanted their intestate shares to be given to me and my brother (with the exception of some furniture and a few trinkets) if they were supposed to get any. My stepfather made several promises to my family claiming we'd get everything with the exception of what it would cost for my motherโ€™s funeral (about $17,000) if we made him executor. But lately he's remarried and hasn't been telling us anything about what's happening with the estate. He took her money out of her bank account that was in her maiden name (about $20,000) and kept all of it, paying the $17,000 to his company and keeping the rest. Also, he refuses to tell us how much her house (which was under a previous married name) is being sold for. He's given away almost all of her separate personal property (many of which he allowed his now wife, girlfriend at the time, to keep or give away), or sold it at an extremely cheap garage sale, and burned/trashed the rest of it without recording any kind of financial record or distributing the profits. We barely got any of it otherwise. It's been a little over a year and we've yet to see a dime.
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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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.
Answered on Aug 22nd, 2016 at 6:44 AM

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Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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Under the probate laws of intestate succession, your stepfather is entitled to a statutory amount as the surviving spouse if he was legally married to your mother at her death. The exact values of the assets at the time of her death are needed to calculate what he was entitled to. Was a probate estate opened in the county she resided at the time of her death?
Answered on Aug 11th, 2016 at 7:06 AM

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Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Not to be obvious, but your option is to contact an attorney in the state where your mother resided at death (not Indiana per your question) and see what your rights are there.
Answered on Aug 10th, 2016 at 11:57 AM

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