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Indiana Probate Legal Questions

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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 - Page 2
Do you have any Indiana Probate questions page 2 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

Back child support, over 150 thousand, he passed away April 15th. He lived in Winnebago county. His name is Terry Aldershof, his wife's name is Sandra

Answered 8 years and 10 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer
Back support has to come through his estate.   If an estate has been opened - check the county where he passed - then you file your petition in that estate.  If an estate has not been filed, then you will probably have to open one.  You could also check with the IV-D child support office in the county where your order is and see if they can help you. He may have his child(ren) listed as beneficiaries on life insurance or his 401(k), both of which pass outside the estate.  However you may need the estate process to be able to determine if those accounts even exist.     Good luck!... Read More
Back support has to come through his estate.   If an estate has been opened - check the county where he passed - then you file your petition in... Read More

What is a POA after death?

Answered 9 years ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
Powers of Attorney generally allow an agent to stand in the shoes of a principal, and so are only effective when the principal is alive.  Once dead, the principal's assets are now estate assets and require court appointment of an executor.   There are specific documents that appoint someone to dispose of remains, so this may be what your father executed with his power of attorney.  I suppose it also could have been included in a power of attorney.  At any rate, it is somewhat common for someone to designate a certain person that they want to make the decisions about where they are buriedor cremated, organ donation, etc.  ... Read More
Powers of Attorney generally allow an agent to stand in the shoes of a principal, and so are only effective when the principal is alive.  Once... Read More

I want to revoke my first will and disinherit my daughter

Answered 9 years ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
The best way to omit someone is to specfically state in your Will that you are omitting them.  
The best way to omit someone is to specfically state in your Will that you are omitting them.  

wat rights do i have as first born son if another brother has named himself executor and soul bennificiary

Answered 9 years and a month ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
All children have equal priority.  There are no special rights to the oldest, or to sons versus daughters.  People have the right to structure their own Wills however they want - they can give assets to charities rather than their children, one child but not another, etc.  They also can name whomever they want to serve as executor.  If you have concerns that your parent's Will was written by your brother and not what your parent wanted, you can challenge the Will in probate court. ... Read More
All children have equal priority.  There are no special rights to the oldest, or to sons versus daughters.  People have the right to... Read More

Mother died stepfather won't let mothers kids have anything. Us selling or trashing items without consent. Do we have any legal rights?

Answered 9 years and 3 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer
The biological children of a deceased person has rights under Indiana probate code.  There are many different types of ownership, and there indeed may be assets that stepfather legally owns free and clear of any claim by the biological.  However, the children have a right under the law to a certain percentage of the probate estate.    You would be well advised to consult with a probate atty in the county where your mother resided at the time of her death.  There are time limits, so make that attorney appointment ASAP.  Good luck!... Read More
The biological children of a deceased person has rights under Indiana probate code.  There are many different types of ownership, and there... Read More

son died in indiana,not married but illegitimate daughter who was not in his life but child support was paid until 18. $200,000 group life ins policy

Answered 10 years and 4 months ago by Andrew Jon Thompson (Unclaimed Profile)   |   1 Answer
You should definitely consdier retaining an attorney.  This is complex and beyond what most lay people can handle on their own.   Andrew Thompson THOMPSON LAW OFFICE 371-564-4976
You should definitely consdier retaining an attorney.  This is complex and beyond what most lay people can handle on their own.   Andrew... Read More

what do I have to do to have my name put on my parents deed ?

Answered 10 years and 5 months ago by Andrew Jon Thompson (Unclaimed Profile)   |   1 Answer
Have a deed prepared by an attorney and signed by your parents naming you as the transferee. Drew Thompson 317-564-4976
Have a deed prepared by an attorney and signed by your parents naming you as the transferee. Drew Thompson 317-564-4976

Should I petition the court for change of status from unsupervised executiion of estate.

Answered 11 years and 9 months ago by M Bishop (Unclaimed Profile)   |   1 Answer
You should talk with an Indiana Probate lawyer about this issue.  Supervised Administration provides a beneficiary with more information with regards to an estate administration.  If there are concerns about monies missing, a probate lawyer can assist you in requesting a full accounting.    Due to the limitations of the Lawyers.com Forums, MaryEllen K. Bishop, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More
You should talk with an Indiana Probate lawyer about this issue.  Supervised Administration provides a beneficiary with more information with... Read More

My ex-husband died without a will. Does his daughter need to hire a lawyer to take care of his estate, which needs to go to probate court?

Answered 11 years and 9 months ago by M Bishop (Unclaimed Profile)   |   1 Answer
You need a lawyer to analyze the ownership of the assets to determine if a probate estate must be opened.  Under certain circumstances an estate may not be required to be opened.  Under Indiana law an estate is generally required if the assets in decdent's name exceed $50,00 in value.   If an estate is required, yes you will need a lawyer.  You may not represent yourself in an estate proceeding.   However, there are many steps that a client can perform themself, but there are numerous things that the lawyer will need to assist with.  Most lawyers charge an hourly based fee for this type of work.  Be certain to hire someone experienced in probate in order to insure a streamlined process.   Due to the limitations of the Lawyers.com Forums, MaryEllen K. Bishop, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
You need a lawyer to analyze the ownership of the assets to determine if a probate estate must be opened.  Under certain circumstances an estate... Read More

WHEN BOTH THE WITNESS DIED, HOW TO PROOVE THE UNREGISTERED WILL

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
Don't call me, call a local IN lawyer. In my state the two dead witnesses are no big deal if you can get someone to sign affidavits that it is their signature on the will and they are now deceased. 
Don't call me, call a local IN lawyer. In my state the two dead witnesses are no big deal if you can get someone to sign affidavits that it is their... Read More

can i view a will on line?

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
wills are not filed until the person dies. call the county courthouse to find out if the will was filed and if so, do they have a way of viewing it on line.
wills are not filed until the person dies. call the county courthouse to find out if the will was filed and if so, do they have a way of viewing it... Read More

How can you tell if an email about being a beneficiary is legitimate or a scam. I was contacted by someone claiming to be a lawyer of Rolf Hoffman.

Answered 13 years and 6 months ago by Jeffery Michael Haupt (Unclaimed Profile)   |   1 Answer
Yes, this is likely a scam.  Most attorneys are going to call or send a certified letter to attempt to get a hold of a beneficiary, not something as informal as email.  The next way to usually determine if something is a scam is to ask yourself whether you know anyone personally that is worth that much money.  Trust me, if you had a relative worth that much, you'd know about it before they ever died!... Read More
Yes, this is likely a scam.  Most attorneys are going to call or send a certified letter to attempt to get a hold of a beneficiary, not... Read More

how do i find out if im entitled to anything in a will if the person is deceased? how do i find out if and where said will went to probate?

Answered 13 years and 8 months ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 Answer
The will should be probated in the county in which the person resided or died.  You should be able to look at the will at the county's will office.
The will should be probated in the county in which the person resided or died.  You should be able to look at the will at the county's will... Read More
Wills and Probate
Indiana

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