Legal Question in Wills and Trusts in Indiana

Probate

My father recently passed. He had no will. His net worth is in the millions. I have one real sister. He was married to my step mother at time of passing. I am sure that many of his assets were in, only his name. How can I make sure things are being done according to the law? How do I make sure this gets to probate court? I am not comfortable discussing all of this with my step mother. Nor do I want to try to ''open'' the estate. My fear is that time will pass and nothing will happen. Do laws have to be followed? Is there anything I can quietly do behind the scenes to make sure things are being done according to Indiana law? Another complication is that I am out of state. My heart is not to get nasty or greedy, but simply to get what the law says I should. Thank you.


Asked on 10/31/08, 7:08 am

2 Answers from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Probate

What you are trying to accomplish is not going to work without an attorney unless you and your step Mom discuss and have some resolution. Even then, legal work may need to be done to transfer assets and prepare whatever tax returns and reports are necessary. I would suggest that if you do not want to get "nasty" you consider mediation. I am a trained Elder Law mediator.

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Answered on 10/31/08, 7:23 am

Re: Probate

Probably the best thing to do is visit a lawyer, and find out what everyone's rights are. If you're worried about being nasty, tell the stepmom that you want to make sure everything is done the right way. You can even invite her to come with you for a consultation (just note that a lawyer can only represent one of you.)

A lawyer will be necessary to properly transfer property, and handle the estate affairs.

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Answered on 10/31/08, 11:09 am


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