Legal Question in Wills and Trusts in Indiana
property from death
My husband passed away and he had children from a previous marriage. I have given them most of all his personal items but kept his motorcycle for he thought I would have to maybe sell it to pay for finances after his death.I also have a small life policy I took out on his thru my work and I paid the premiums from my wages. They saya they are entitled to half of everything he had. Would that include the items I mentioned. The house and the car was in my name only...He did not have a will..Thank YOu
1 Answer from Attorneys
Re: property from death
I'm sorry for your loss. Your stepchildren are not entitled to anything unless your husband's probate estate exceeds $25,000.00. Only then are they entitled to anything (assuming the man did not have a will.) If the life insurance policy names a beneficiary (you, I hope) then it is your benefit alone; it is not even part of the probate estate. The house and car are not in the probate estate. And the motorcycle is probably not worth $25,000.00. If there were probate assets exceeding $25,000, and no will, then the children could make a claim for half of everything over $25,000. Here is the probate code section pertaining to inheritance rights without a will. http://www.in.gov/legislative/ic/code/title29/ar1/ch2.html.
And here is the probate code section pertaining to the $25K spousal allowance: http://www.in.gov/legislative/ic/code/title29/ar1/ch4.html. The children probably have their own sorrow to deal with, but I hope they don't pile aggravation on top of your grief. Good luck.
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