Legal Question in Wills and Trusts in Indiana

My father just passed away and did not leave a will but stated to my step mother and I about what he wanted done with his assets. The top concern he has was that his land must be paid off first with life insurance policy and signed over free and clear to his three kids. My step mother is now saying she can't pay it off and has to sell it when there is enough money to pay it off. Along with that he had a life insurance policy through his work that was also suppose to come to us kids. She is now keeping that. Is there anything that we can do to keep his wishes done.


Asked on 5/21/14, 4:50 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If his wishes were not in his will, the answer is no. The life insurance will go to whomever was the beneficiary. If she jointly owned the land with your father, the land is now hers to do with as she pleases.

If the land was owned by him alone, you and your siblings can consult with an attorney in the community where your father died to figure out what will happen to it.

Make sure you and your siblings take this as a sign to get your own wills written if you have not done so already so your children will not have to deal with things like you are having to do.

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Answered on 5/21/14, 1:02 pm


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