Legal Question in Wills and Trusts in Indiana

My father recently passed away without a will. The only thing he had was some property left behind with no house and no money. We have the same name, I'm a Jr, him a Sr. My parents divorced 23 years ago. The divorce decree awarded my father the residence. But my father never took my moms name off of the warranty deed or taxes. They were still good towards each other. she has remarried. I would like to know does this mean my mom receives the property since her name is still on the deed? If so can she quit claim it over to me and then the property is mine to keep? Or will it have to go through probate? My dad never got made his will as his death was unexpected and he wanted me to have the property. What do I do? help please! Thank you.


Asked on 3/04/10, 11:10 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Apparently your father DID pass away owning a house. If the decree gave it to him the decree controls. Take the the decree in to an attorney in your community. It is worth protecting your interests ( or you and siblings if there are any). An estate will have to be opened to pass title to the land to the heir(s).

Good luck.

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Answered on 3/09/10, 11:51 am


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