Legal Question in Wills and Trusts in Indiana

Re: Whats the law say

Have you ever heard of the expression, "He who hesitates is lost?" That is similar to an old maxim at law, "Equity disfavors he who sits on his hands." So after waiting five years, you and your siblings might be unable to enforce any rights you could have had. However, looking on the bright side, Indiana lets people wait a long time (six years, perhaps) before bringing a civil suit. (The period is much shorter in the event of a probated estate.) So, learn the answers to these questions. First, how did he hold title to the property his wife has taken over? If it was joint tenancy or tenancy of the entireties (husband and wife), then she owns it outright, and no probate was needed. You can find this out by looking up the deed at the county recorder's office. Clerks there will be help you find this. If the property was in your father's name alone, or as tenants in common, then you all may have a valid and enforceable claim. So the second question to answer is: was an estate ever opened. This you can learn from the county clerk's office. You will need to confer with an experienced lawyer about it. Subsequent childless spouses are not entitled to much. I'll tell you one thing, though; the lady will be entitled to offset any claims of your family with the expenses of maintaining the property. Ask the county bar association for a referral if you do not know anyone you like.