Legal Question in Wills and Trusts in Indiana

divorced with custody of minor children

I have two sons from exwife (joint custody) and one son from new marriage. We live in FL and ex-wife lives in IN. We have primary custody of both minor children. If something were to happen to me and we have no will what would happen to my wife and children? The marriages and children all originated in IN. We are still bound to a court in IN.


Asked on 5/08/06, 6:45 am

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: divorced with custody of minor children

Yes you do need a will. Otherwise, 1/2 of your estate will go to your current spouse and your children will split the remaining 1/2 . The problems is that this has the potential of allowing your ex-spouse to pit her children against your current spouse and subsequent child in dividing your estate. There is also a potential problem with the descent of your homestead property depending on how that property is currently held. There are many options to consider and the most appropropriate will depend on your unique facts and the nature of your estate. I am not able to discuss such details in a forum such as this. I am willing to provide you a free consultation (telephone or in person) to discuss more details and point you in the right direction.

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Answered on 5/08/06, 9:31 am


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