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How does an estate be divided with mother and son on deed with both deceased: My mother bought a house and had herself and my youngest brothers name on the deed,They both have passed my mother had four children among my brother (which he had one child),How would the property be spilt upon her living children and my brothers living daughter

Asked 3 months ago in Probate

Bruce’s answer: It is impossible to answer that question based on the information you have provided, because we don't know if the property was held as tenants in common or jointly with right of survivorship. You need to have a lawyer exam the original deed, and based upon that, they can advise you as to how the property passes.

Answered 3 months ago.


Can I be forced to accept an amount that I don’t agree with in an inheritance situation: I have a cousin who has made herself an overseer of an estate that I have the same relationship to with the deceased. She’s trying to get me to settle for an amount that I don’t agree with. Can she and her attorney force me to do so

Asked 3 months ago in Probate

Bruce’s answer: They can't force you to settle, but they can go to court and ask the court to approve the settlement. So if you have good reasons to disagree with teh amount, and it is significant enough, you should hire an attorney.

Answered 3 months ago.


How do I get the help we eed with my mother now that we have brought her back home from the nursing: My sister took our mother home to live and can not get the insurances to pay for all of the things she has to have. Like depends and ensures and she was also told she would get a check of her own to be able to stay home with her. And everything she has been told yes to is now saying she wont get it. Now that she has her home.

Asked 3 months ago in Elder Law

Bruce’s answer: It sounds like she may have been trying to take her home under Indiana's Medicaid waiver program in which case she needs to consult with whatever agency she talked with initially about doing that. However, my understanding is that even the Medicaid waiver program will not pay for things like depends, etc. so your sister may been given bad information

Answered 3 months ago.