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

Whats is the difference between (or,and) when two people are listed on a bank account? example John doe and Jan smith john doe or jan smith If he has no will what will happen to his remaining assests?

South Bend, IN -

Attorney Answers (1)

Rabea Taylor

Rabea Taylor

Probate Attorney - Colorado Springs, CO

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... more

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