Legal Question in Wills and Trusts in Indiana

Re: rights of the deceased family

When a person dies without a will, he dies intestate and any property owned only in his name goes into his estate. An estate valued at more than $25,000 must be administered by the Court appointing a personal representative. If the separate estate were less than the $25,000, then it can be administered by anyone who prepares an affidavit that promises to distribute the estate in accordance with the law and to protect persons relying on the affidavit to transfer property to this person. A surviving spouse also gets a preferred amount of money for being the survivor, that is paid in advance of all monies paid to surviving children. If the separate estate is not as much as the survivor's allowance, than it would be appropriate for the surviving spouse to take all monies. If the decedent owned a business, the probate code requires that a business be incorported in order to continue to operate. You should call your local bar association for referral to an attorney in the probate area if you do not presently have an attorney.