Legal Question in Family Law in Indiana

Re: Death

Depends upon whether Dad has a will and has more children by subsequent spouse. If no will, then all children share with subsequent spouse. However, Indiana law says that household goods owned by a married couple are owned as tenants by the entireties, which means the surviving spouse gets all of that. Also any property the married couple own jointly (bank accounts, stocks, cars, real estate) go to the survivor and are not shared with children (even when there is a will). Life insurance policies pay out to the named beneficiary. If his will gives his estate to his surviving spouse, then the surviving spouse inherits all property owned solely by Dad before his death. Any other property which has a named beneficiary goes to the named beneficiary. In addition to life insurance policies, this includes any account in a banking institution or credit union, 401K and pension accounts. If Dad failed to change the name on an account from his first spouse, then she will inherit upon his death (and pay inheritance tax on most of it). If Dad put children's names on it and didn't make a change after his second marriage, then the children get it and the spouse gets none of it. It is only property which Dad owns in his own name alone that will be shared between the new spouse and the children if he dies without a will.