Legal Question in Wills and Trusts in Indiana

My mother died on 10/22 without a will, no house or car, limited funds in checking/savings with health care, nursing home and credit card bills. We were in the process of applying for Medicaid before she passed. What procedure do I need to follow to determine who gets what limited funds there are? Have contacted Social Security and the small pension she received monthly. My sister and I are trying to preserve what little monies she has and don't know if probate is necessary as it is another cost. We cleaned out her apartment so rent would not be due for November, cancelled her cable, LifeAlert, renters insurance - etc. so no monthly deductions for those services. Neither of us have the financial resources to pay for costly legal services but we need to make sure we are doing everything we can to resolve her "estate". Thank you.


Asked on 10/31/14, 1:44 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

If there is no will, Indiana has a default set of rules for distribution. If you and your sister are the only heirs, you would split 50/50 after payment of bills. If an estate is under $50,000 in value, assets can be transferred with a small estate affidavit, but I would have an attorney do that for you.

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Answered on 11/01/14, 5:27 pm


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