Legal Question in Wills and Trusts in Indiana
NEED HELP! fast please very dum in indiana
please help my mother passed away,sept. 17,2000.she left no will,but folling my mothers verbal request, we let her boyfriend stay living there,rentfree not bothered,togive him time to get on his feet.with the promise that he took the insu. and buried her right.which we are still waiting on the headstone.when i went to my moms land,he told he had gotten owenership. and that he had burned an sold most of her posseions,and that he had a legal will.my mother was a bad acholic,for years if he has this will why didnt he show it to me an my brothers.also at the hospitol, i was the one who had to sign the paperwork to let my mom go.thank-you!
1 Answer from Attorneys
Re: NEED HELP! fast please very dum in indiana
First ask boyfriend to give you a copy of his paperwork. Then I suggest you go to the office of the county clerk of the county that your mother lived in when she died, and ask the people in the office there to help you find out if anyone ever opened an estate for your mother. The name of the case would be something like "In the matter of the Estate of Your Mother's Name, Decedent." The clerk's can look it up using your mother's name.
If an estate has been opened, then ask to see the file. [You and your brothers should have all have received notice of the estate if one had been opened.] If an estate has not been opened, then consult with an experienced attorney who has done probate work in your county, so you can open the estate. And even if an estate has already been opened, it sounds to me like you and your brothers need to talk it over with an attorney.
Title to real estate (land) cannot be transferred from your mother to her boyfriend without a deed from her or from her trustee or by a probate or other court order. And you and your brothers do need to move promptly, or what rights you and your brothers have could be lost.
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