Legal Question in Real Estate Law in Indiana
My dad is expired and we have a property and house which my mother wants to distribute to her six children since my 2 brothers are not very interested to stay in the said property or house. She is worried that they may sell the property and house and make money after her death so she wants to divide between the six of us. We daughters do not want to sell the property and want to build or utilise the property. Now my mum wants to make a will ie. she wants to divide the fathers 50% share between her six children and her share she wants to give 25% to anyone of her children(one of my brother's said he wanted the house but he is not making any attempt to modify the house or doing anything for the house which does not show whether he will stay in the house or not, the other brother wants only money from any of the brother /sister who takes his share as he is not at all interested. ) who will stay in the ancestral house and balance 25% to the 5 children to be distributed. Can this be done as my mother wants to do the will which she feels is fair and square. If you can give me better advice I will be grateful.
1 Answer from Attorneys
If your father has passed, he has no share in the real estate any more. The best thing you could do is march your mother in to talk to an attorney who can advise her on how to do what she wants to do, and not worry about what everyone else wants her to do.