Legal Question in Wills and Trusts in Indiana
Died without a will
It has been nearly 10 years since my father passed without a will. He was married to his only wife at the time and had life insurance on the mortgage., so when he died the house was paid off. So what im asking as a son and just outta curiousity are the children entitled to. How does indiana state law deal with deaths with no will as far distibuting the assets. Ive argued with my mom for years and would like to know what im talking about..thanks
1 Answer from Attorneys
Re: Died without a will
First, if the house was in the name of both parents as joint tenants or tenants by the entireties, then the surviving spouse gets the whole house. If the property was in the name of the decedent spouse alone, then the surviving spouse gets one half interest in the property plus $25,000.
Here is a link to the Indiana Probate Code on the various subjects: http://www.in.gov/legislative/ic/code/title29/ar1/
All other property acquired by the husband and wife during the marriage belongs to the surviving spouse, and a case can often be made that the real property also belongs to the surviving spouse if it was acquired during the marriage. What did you hope to gain by arguing with your mother, anyway?
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