Skip to main content

How would you go about finding a will? And can a beneficary be a witness to sign the will in Indiana? Thanks

South Bend, IN |

Whats is the difference between (or,and) when two people are listed on a bank account?
John doe and Jan smith
john doe or jan smith

If he has no will what will happen to his remaining assests?

Attorney Answers 1


I am in Colorado, so I am not able to answer your questions specific to IN law, but I hope this will help guide you in the right direction.

As to locating a will, I would start with the attorney, if the will was drafted by an attorney. If you are not sure which attorney drafted the will, sometimes the local/county Bar Association can assist. Otherwise, maybe check the safe of the decedent or safe deposit box at a bank. If you cannot locate the will, then the estate will be distributed intestate. Intestate laws can vary by state. I recommend contacting a local attorney for a more specific answer to your state. Intestate means that the estate gets distributed to the closest living relative. Usually, it will be distributed to the decedent's bloodline first, and if there is no one left, then the bloodline of the decedent's parents.

Usually, if someone is listed as "and" it means that they both have to sign. If listed as "or" of the two signatures will suffice. However, this can be handled differently by financial institutions and the "and" could really be an "or". It is best to check with the financial institution how the account was set up.

Good luck!

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Mark as helpful

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics