Legal Question in Wills and Trusts in Indiana

A deed for the home with both of them owning as husband and wife would solve the problem of where the house goes after his death regardless of the existence of a will. Your dad needs to get a will written in any event.

General estate distribution in this case would depend on a number of facts not present in your posting.

Father's estate will not necessarily pass to mom. She has, by law, a "widow's" share, but unless the home is also in her name, then it will not automatically go to her. Depends on how the land is titled. Best thing to do is convince them to place the land in trust giving them a life estate in the property (they get to live there for life), and after their life, the property then passes to the children.

The deed to the house, if properly worded, should suffice to pass the house to mom. If not, a new deed can be prepared and/or a will or trust to accomplish the result. While addressing these issues, the proper documents could be concurrently drawn up to provide for what happens when both mom and dad pass away. See a properly registered and certified estate planning attorney to make sure that all matters are in order.