Legal Question in Wills and Trusts in Indiana

what is sons rights to personal possesions &names on deed

does son have rights to all personal possesions of deceased father prior to moving in new home with girlfriend. father had before they got together.mainly just sentimental vaule.will says all rest,residue,and remainder of my estate wherever so located whether real or personal,I will,bequeath and devise to my child sons name.legally does she have to give them to him or make him take her to court and prove that they belonged to his father.were told she automatically gets house cause her name is suppose to be on deed. should we check the deed? will was made before purchase of house.


Asked on 9/17/02, 10:29 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: what is sons rights to personal possesions &names on deed

I assume your father moved in with a person he was not married to after he executed his will and that he purchased real estate, possibly jointly, with this person. If that is your situation, then you need to check the deed to the real estate - if it says to your father and his friend as joint tenants with rights of survivorship, then she inherits the entire property since he died first. If it says husband and wife but they were not married, says tenants in common or merely has their names, then you inherit his 1/2 interest under the will. If he was not married to the person with whom he resided when he died, then all of the personal property in the home that he owned is inherited by you. If the lady in question is not cooperative in allowing you to come in and take what you have inherited and it is worth the cost to you, then you will need to probate the will and get a court order to prevent her from intermeddling with the estate. I would suggest you consult a local attorney to assist you. If your father's estate is small, then you may merely need a letter to her explaining how the law handles this type of situation.

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Answered on 9/19/02, 9:56 am


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