Legal Question in Wills and Trusts in Indiana
My father in law recently died. He had property that my husband and his siblings grew up in. However, his second wife NEVER lived in the house. It just sat there basically. There wasn't a will. Does she have the right to try and sell the property even though he's not even buried yet or does my husband or his siblings get claims to it since she never lived there?
1 Answer from Attorneys
Whether she lived in the house or not doesn't have anything to do with the inheritance. Either by will or by intestate statutory rights, the second wife has a claim against the assets of the estate, which can be satisfied either against the decedents monetary funds or real estate. It would seem that someone should come forward and open an estate in order to settle everyone's rights. You need to consult with a probate attorney to have all of your questions answered.
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