Legal Question in Wills and Trusts in Indiana

wife with stepchildren and children of her husbands and one of her own no will

i have been married for 18 years to one man he has children from previous marriage and 1 with me,,,i also have a child of my own,,,all but one is living at home(they are over 21) need to know how things are divided when 1 spouse dies,,with no will,,


Asked on 9/13/02, 1:32 pm

2 Answers from Attorneys

Stacey Davis Law Office of Stacey M. Davis

Re: wife with stepchildren and children of her husbands and one of her own no wi

Dear Madam,

Most of the property will fall to the children, you will be given a life estate in the real estate and 1/2 of the personal property.

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Answered on 9/16/02, 3:11 pm
C. David DuMond Law Offices of David DuMond

Re: wife with stepchildren and children of her husbands and one of her own no wi

http://www.IN.gov/legislative/ic/code/title29/ar1/ch2.html. Here's a link to the Indiana law about intestate (no will) succession. If at the time of death you were the spouse AND you were the mother of one of that decedent's children, then you should receive one-half of the estate. This means half of the "probate" estate. Property owned jointly or which would go to you by contract, like POD bank accounts, would be distributed outside of probate. The remaining half of the probate estate would be divided equally among the decedent's children (but nothing to his step-children unless he adopted them). Hope that helps.

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Answered on 9/13/02, 4:24 pm


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