that i'm aware of. The only assest he had was the property. Is hiring an attorney necessary when the property was his only asset? There is no will that we are aware of.
In Indiana, unless the property of the estate is UNDER $50,000, you must file a petition to open an estate and get appointed as administrator. This must be done in the county in which he resided at the time of his death. Until someone is appointed as the administrator/personal representative by the Court in the county where your Dad resided at the time of his death (or where the farm acreage is if he lived out of state), then it is not possible to transfer title to the property. Other creditors (medical providers, utilities, credit cards) MUST receive notice of the administration; but after few months, you will be able to complete the transfer of the real estate to your brother and you, or to sell it as you wish.See question
I was told by me father I was ex off his will aftrer I was told that I did not live in the state I could not be ex,
Yes you may; however, a surety bond will have to be posted (at the estate's expense) AND most courts require that you designate a resident agent who resides in Indiana to receive service of any claims or complaints. This is similar to an out of state corporation: Indiana requires that an agent who has a residence (or place of business if the agent is corporate) in the State of Indiana be appointed.
Dad might be able to avoid the probate of a will and the court involvement in the estate if he utilizes a revocable trust. But that is his prerogative.See question
My dog was kept over the weekend at a clinic after being diagnosed with diabetes. The vet on duty did not tell me they were not a 24 hr clinic and would have little supervision during the weekend. My dog tried to eat his way out of the kennel of t...
Since the amount in dispute is less than $6,000, you would probably be better off bringing a small claims complaint, and consult with atty on the law. Otherwise, you will pay $5,000 of atty fees to get $2300 back.See question
All stocks and the home were registered in the name of the husband, wife and daughter as co-owners. If there was no clause "right of survivorship", does that make it a subject for probate? Assuming the total value is more than $100,000, does th...
Yes, since the daughter was also on the account, then "right of survivorship" had to be specifically stated for the decedent's portion to be paid to the other joint tenants. Instead the decedent's share will be paid according to his will or, if no will, per Indiana's intestate succession laws.
It would be different if the account were husband and wife, joint tenants, as that usually is presumed to be "tenancy by the entireties" property -- which is almost identical to "Joint Tenants With Rights of Survivorship"See question
I signed a consent form to allow my partner to start the process of adopting my daughter. I was under the impression we were going to get married. We recently split up. She told me she was never really happy but would have been miserable the rest ...
It is clear that you will need to hire an attorney to represent your separate interests, as she is likely represented by an attorney for the adoption.
What is not clear from the above description is whether you and the partner were together in the planning and process of the baby's conception/artificial insem. If so, then there is already a case in Indiana that says she has parental rights even if you two split before the adoption was completed. If not, meaning if your daughter was born to you prior to your relationship with this partner, then your case is much easier to argue. However, as with many legal situations, it all depends on the specific facts in your situation. So consult with a knowledgeable attorney ASAP. Good luck!
My mother and father have permanent guardianship of my cousins children, age 16 and 7. They originally did this thinking my cousin would get her life straightened out and get custody back. Three arrests and three years later, my parents still have...
Parental rights can be terminated in Indiana, depending on the level and type of criminal convictions. However, there is also the question of the biological father(s) and their involvement in the kids' lives; whether they would consent to the guardianship. Also a consideration are the kids' ages, because they could request emancipation from the parent. This is not something that your parents or you should or could try on your own. You will need the help of an experienced probate/child custody attorney in the county where the kids reside (with your parents). Best wishes for a quick and effective resolution.See question
My daughter age 38 and granddaughter age 16 have always lived with me and my husband their entire life. The father has never been involved with my granddaughter nor has he paid any child support. What options do we have legally to help us keep m...
I am sorry for the loss of your daughter. To obtain guardianship of your granddaughter, you should hire an attorney experienced in probate and child custody matters. Is bio dad's name on the birth certificate? You will need a recent address for the biological father in any case because he must be given notice of the petition for guardianship. The petition would be filed in Hancock County, and the hearing in Greenfield. Did your daughter happen to sign a will or durable power of attorney that stated her wishes as to who she wanted to have custody/guardianship? Granddaughter will likely be allowed to testify or to report to the court's social worker as to whom she would prefer to have serve as guardian until she is age 21; so make sure she is in agreement.
Good luck to you!
My friend changed his will last summer. He passed away a few days ago. All that could be found was his old will. Could'nt they go to the lawyers office and get a copy of the most recent will?
Yes, they could. In Indiana, any person having possession or control or custody of a Last Will and Testament must turn it over to an Executor or an interested person. So a law firm having the original or a will should have to turn it over. The problem might be that no executor or administrator of his estate has been appointed. IF you believe that you are a distributed under his will, then you clearly are an interested person and can request appointment and open administration of his estate "pending probate of most recent Last Will & Testament."
Interview and then hire an experienced probate lawyer in your area. Good luck!
He was no spouse
Contact the human resources department of your father's employer or former employer and ask for a claim form. Was he married at the time of his death? Also ask what they need in order for you to submit a claim; such as whether they require estate administration or a Court-appointed Executor. If so, then you may need to hire an attorney experienced in probate administration. Good luck!See question
I'm want her house back my dad is not her son or a blood relative and my GMA signed the will over to him after my mom (her only child passed away) her estate is in my name done signed by a judge. Can I get it back? My GPA built that house and she ...
No, your grandma's will controls. However, you could ask your father to sign a disclaimer. In that case, the house would be treated as if he also predeceased GMA (so the next contingency, if any).
There are ways to get around this in a legal manner. I highly recommend that you seek out those options. The attorneys' fees for the executor are paid from the estate assets; so you will not pay personally for advice on how you are required to handle your executor duties and the options. Good luck!See question