Legal Question in Wills and Trusts in Indiana
Father died - no will, stepmom took all
My parents were married for 30 years before my mother died. A few years before my father died he remarried. He did not have a pre-nup and did not leave a will. We were all with him when he died in his home (my sister and I, his only two children, both live out of his state). As soon as he had died, the new wife kicked my sister and me out of the house. We later left her messages to discuss the disposition of the property, but she has not responded and has now disconnected the home phone and cell phone. The home is in both of their names, and I believe the remainder of the estate is less than $50K, but cannot be sure. Question: what right, if any, do we, the adult children, have to the personal property (e.g., furniture, mementos, family photos) that was owned by my parents prior to the second marriage? If this requires a lawsuit, is there any thoughts on how expensive it will be? The handful items we are interested in are not necessarily of a high dollar value, but carry a lot of sentimental value. We have offered in writing to pay for value of the items, but she has not responded. Help!
1 Answer from Attorneys
Re: Father died - no will, stepmom took all
Without a Will, step-mother is entitled to one-half of the property other than the real estate. She is entitled to all of the real estate if it was jointly titled.
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