×
Go back to Martindale-Avvo ➔

Indiana Probate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
38 legal questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Indiana Probate Questions & Legal Answers
Do you have any Indiana Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 38 previously answered Indiana Probate questions.
Wills and Probate
Indiana

Recent Legal Answers

I really need to replace my probate lawyer who does not have any interest in listening to people instead she constantly talks over you and is so pushy

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Read the engagement agreement.  Generally speaking, you can fire your lawyer for any reason or for no reason.  But if a probate has been opened, both your new and your "old" lawyer must file a Motion to Substitute for the new lawyer to represent you,
Read the engagement agreement.  Generally speaking, you can fire your lawyer for any reason or for no reason.  But if a probate has been... Read More

Can we get into deceased aunts house?

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Do not break in.  It is not your wife's property:  it is the property of your aunt's estate.  Contact a local probate about usual procedures in your area and about probating the Will or, if it cannot be found, filing for a determination of heirship.
Do not break in.  It is not your wife's property:  it is the property of your aunt's estate.  Contact a local probate about usual... Read More

Do I have to have an attorney to make a will legal?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Wills must be witnessed in a formal ceremony conducted by a notary.  The number of witnesses required varies from state to state.  They should also attach the state's self-proving affidavit, signed, witnessed and notarized. The problem with most self-written and many internet wills is that you don't know what you don't know and can easily omit something required to avoid the will defaulting to an heirship (which is more expensive and may not pass things the way you want) or something your executor will find useful or necessary (such as access to your online accounts) or something which will preserve benefits for a disabled beneficiary, etc.  ... Read More
Wills must be witnessed in a formal ceremony conducted by a notary.  The number of witnesses required varies from state to state.  They... Read More

Do I need an attorney for a Partition Action? If yes, what type?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate attorney who practices in the county in which your grandmother lived and died and her home is located.
Hire a probate attorney who practices in the county in which your grandmother lived and died and her home is located.

What can I do

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local probate lawyer to protect your interests by filing an application to determine heirship and a motion to quiet title.  You may also consider suing your cousin for conversion (converting your father's estate's property to his own).
Hire a local probate lawyer to protect your interests by filing an application to determine heirship and a motion to quiet title.  You may also... Read More

To see if a will can be brought to probate

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Take the Will to a local probate lawyer.
Take the Will to a local probate lawyer.

Probate/Wills

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
While only your parents can change their mutual Will (or the surviving parent make a new Will if there is no written agreement saying they will not), a beneficiary cannot act as a witness without foregoing their inheritance.  Wills should be witnessed by people who will not inherit to make sure that they are the free act and deed of the people making them.... Read More
While only your parents can change their mutual Will (or the surviving parent make a new Will if there is no written agreement saying they will not),... Read More

Can my mom change the will after my Dad died even though it was a joint will

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Read the Will to determine whether it contains an agreement not to change it.  Without this or a separate contract not to change the Will, the surviving spouse may make a new Will.
Read the Will to determine whether it contains an agreement not to change it.  Without this or a separate contract not to change the Will, the... Read More

Do I need to go through probate?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Probably.  Hire a probate lawyer who practices in the county to represent you.  If the title company agrees, you may be able to record an Affidavit of Heirship followed by Special Warranty Deeds of Gift from your siblings to you.  If not, you must probate (prove) the estate and then record a Distribution Deed to all the heirs followed by Special Warranty Deeds of Gift from your siblings to you.... Read More
Probably.  Hire a probate lawyer who practices in the county to represent you.  If the title company agrees, you may be able to record an... Read More

Can my mom change the will after my Dad died even though it was a joint will

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will has no legal effect until it is submitted for probate (proving that it is the Will of the person who died).  It then becomes a public document.  Some counties have these online.  In others, anyone can contact the probate court.  There is no requirement that a beneiciary be notified or given a copy of the Will until after it is admitted to probate.... Read More
A Will has no legal effect until it is submitted for probate (proving that it is the Will of the person who died).  It then becomes a public... Read More

Can I sue my brother for valuble items that he took before the will was registered

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Determine whether (1) you have evidence admissible in court, (2) the cost of suit will exceed the fair market value of the items, and (3) the items will have disappeared by the time a court reaches a verdict.  Note that you do not need a lawyer for small claims or justice of the peace court.... Read More
Determine whether (1) you have evidence admissible in court, (2) the cost of suit will exceed the fair market value of the items, and (3) the items... Read More

I want to keep deceased fathers house sibling wants to sell it. What can i do?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Unless you were named sole beneficiary of the house in your father's Will, you have no more right to it that your sibling(s).  You must move,  The house must be sold.  You may have a claim for cerrtain items you have paid if you can document them.
Unless you were named sole beneficiary of the house in your father's Will, you have no more right to it that your sibling(s).  You must... Read More

How do I go about asking to see a copy of my dad's will? My stepmom is being not very nice to me to put it mildly. I am the oldest of my dad's 3 child

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If there was a Will and it was submitted for probate, it is a public document.  Contact the local probate court. If there was no Will or if there might have been but it was not submitted for probate, hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration and seek appointment as administrator of yuour father's estate. ... Read More
If there was a Will and it was submitted for probate, it is a public document.  Contact the local probate court. If there was no Will or if... Read More

My stepmother and her sons (undue influence on her) are taking everything from my father's estate. Do I have rights?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
The PR must sell what is needed to raise money to pay the debts of the estate.  Most states do allow beneficiaries to question the actions of the PR if no distribution has been made to them after a certain period of time, say, two years.
The PR must sell what is needed to raise money to pay the debts of the estate.  Most states do allow beneficiaries to question the actions of... Read More

Parents died 4 siblings equal heirs to estate. 1 moved into house I want my share help

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
The Will or, if there is no Will, the question of heirship, must be admitted to probate by a court.  Once the court has appointed an executor or, if there is no Will, an administrator, it is that person's duty to gather the assets, pay the debts and distribute the rest to the beneficiaries under the Will or to the heirs.  If this is not done within a certain period, that person can be replaced.  In this instance, you may sue for partition, forcing a sale and getting your share of the net proceeds.  Consult a local probate attorney.... Read More
The Will or, if there is no Will, the question of heirship, must be admitted to probate by a court.  Once the court has appointed an executor... Read More

Life insurance policy with no named beneficiar. ???

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
If no beneficiary is designated, the proceeds pass to the estate.  They then pass under the Will or, if there is no Will, under the inheritance laws of that individual state.
If no beneficiary is designated, the proceeds pass to the estate.  They then pass under the Will or, if there is no Will, under the inheritance... Read More

How do I get access to my mother's bank accounts and get her mobile home and the car in my name?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate lawyer in the county in which she died to help you probate (prove) her estate.
Hire a probate lawyer in the county in which she died to help you probate (prove) her estate.

my mother passed in 2016, her sister my aunt passed 2020, mom was a beneficiary on sm life policy how can I cash the check

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must probate your mother's estate in order to cash the check.  Most states have a less expensive procedure for small estates.  That may still cost more than $1,000.  If so, you can let the check go to unclaimed property and in four to six years (depending on the state) apply to the state comptroller.... Read More
You must probate your mother's estate in order to cash the check.  Most states have a less expensive procedure for small estates.  That may... Read More

If there was no will for my childless, single daughter who is deceased and I sign a probate form am I personally responsible for her debt?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Only the decedent is responsible for her debts.  You may want to talk with a local probate attorney about filing a notice of bankrupt estate.
Only the decedent is responsible for her debts.  You may want to talk with a local probate attorney about filing a notice of bankrupt estate.

Should I respond to a letter that I received from Royal Bank of Canada or is this a scam?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Banks ordinarily do not look for or keep records of next of kin or hold money for them for nine years.  "Open beneficiary status" would seem to indicate that the account was not payable on death to you.  It would then have passed to his estate.  Ordinarily, his estate would have closed five years ago. There are folks out there who, for a fee, offer to find and help you collect a supposed inheritance.  Dream on.... Read More
Banks ordinarily do not look for or keep records of next of kin or hold money for them for nine years.  "Open beneficiary status" would seem to... Read More

If someone who is inherited that is in probate does there beneficiary inherit that money if they pass away

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you are a beneficiary under her Will, once her Will is also probated, you could expect to receive funds from her estate wherever they come from.
If you are a beneficiary under her Will, once her Will is also probated, you could expect to receive funds from her estate wherever they come from.

I need help preparing a will and a Do Not Resuscitate form. Can you help?

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your state bar website may have a list of estate planning attorneys.  Note that a DNR is a doctor's order and can be obtained from your doctor, not from an attorney.
Your state bar website may have a list of estate planning attorneys.  Note that a DNR is a doctor's order and can be obtained from your doctor,... Read More

Is it necessary to have a lawyer to probate a wll?

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
In almost every county in my state of Texas and probably in every county in Indiana, you must be represented by a lawyer.  Costs vary, largely because court filing fees and newspaper notice publication fees vary.
In almost every county in my state of Texas and probably in every county in Indiana, you must be represented by a lawyer.  Costs vary, largely... Read More

How do we find the Attorney for a person who recently passed away? I am his brother and need to find his attorney.

Answered 8 years and 6 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer
I think you might be on the wrong track.  You do not need to find a deceased person's attorney in order to probate his estate.  You might have another reason for finding your brother's attorney, but you do not need him to handle your brother's affairs.    What you should do is consult with an attorney you choose, preferable in or close to the county in which your brother resided when he passed away. That attorney will explain how the process works, and you can take it from there.   This is complicated and an attorney will relieve a lot of the stress associated with this sad time in your life.  I wish you the best.  ... Read More
I think you might be on the wrong track.  You do not need to find a deceased person's attorney in order to probate his estate.  You might... Read More

How can I view my grandmothers will?

Answered 8 years and 7 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer
A will should be probated in Court.  Consult with an attorney, who will check to see if a probate estate has been opened already, or advise you on how to open one if one does not exist. There are time limits so call an attorney right away.   Good luck. 
A will should be probated in Court.  Consult with an attorney, who will check to see if a probate estate has been opened already, or advise you... Read More
Wills and Probate
Indiana

Helpful Resources