Legal Question in Wills and Trusts in Indiana

Do step-children have rights when there is no will?

My step-mother of 28 yrs. who has no children of her own just passed away. She has a brother who lives here and a sister in the southern part of the state. She has a home which is paid for and several insurance polices. My question is without a will who looks after the estate and do

I have any interest in it. Her and I had a very loving and good relationship.

Thank you


Asked on 7/07/03, 4:36 pm

1 Answer from Attorneys

John Cook Dunn & Cook

Re: Do step-children have rights when there is no will?

Any insurance policy, joint bank account or similar property that was either jointly titled with another person or that has a beneficiary designated in it (such as an insurance policy, retirement plan, IRA, etc.) will go to the joint tenant or the person designated as beneficiary. These assets are not probate assets and are not part of the deceased person's estate. The individual who is to receive these monies has the responsibility of contacting the financial institution or insurance company and finding out how to claim the proceeds.

If there are no joint owners or designated beneficiaries then the assets are part of your step-mother's estate and will be distributed pursuant to the provisions of her will or by Indiana statute if she did not have a will. If no will exists, and she did not adopt you or any of your siblings, then any estate asset will go to her heirs, which you have indicated consists of one brother and sister.

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Answered on 7/07/03, 6:00 pm


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