Legal Question in Wills and Trusts in Indiana

Distribution of Estate

A relative recently died. Her will is valid in Indiana and bequeaths all her property ''to the heirs of my deceased husband, 'Joe Smith'.'' (Not real name.) No further direction is given as to the distribution of assets. Joe had brothers that are also deceased. Those brothers had 12 children. How is the estate divided? The executor and lawyer states that the distribution should be based on law, ''Intestate Succession.'' (29-1-2-1 (d) (4)) The deceased did not die intestate, but would this be the correct statute that would apply to a legal distribution of assets? Is the estate divided equally among the 12 or divided equally among the deceased brothers and then divided among each child in that family?


Asked on 5/20/08, 6:05 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Distribution of Estate

It depends upon Indiana Law and the lawyer is correct.

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Answered on 5/20/08, 7:45 pm


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