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Indiana Intestate Distribution

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djohn55391

Junior Member
What is the name of your state (only U.S. law)? Indiana

Never married brother with no children dies with no will. Survivors:
Mother, brother and 2 sisters..(no deceased brothers and sisters)

In Indiana, what is the order and % of estate distribution to heirs?

Probate has not been established and the mother is already selling cars, clothing, property and other assets, as well as cashing checks and depositing into her account. The checks are in the late brothers name...both government as well as refund and retirement checks. Is this an illegal activity?...or only if someone contests her actions?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
I believe this is the portion that concerns you:
(d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:
(1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation.
(2) Except as provided in subsection (e), if there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate.
(3) Except as provided in subsection (e), if there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4) of

the decedent's net estate. Issue of deceased brothers and sisters shall take by representation.
and the rest of it.

Indiana Code 29-1-2

and mom nor anybody else can act as mom is unless they have been accepted as administrator of the estate by the courts.

Yes, what mom is doing is illegal.
 

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