Father died in Indiana without a will

My father died last month. He was a resident of Indiana and died in the state without a will. He is survived by his third wife and 4 children. He had no children with his second or third wife. His house, a car, cash, and most investment accounts were in both my father's and step-mother's names. Two other vehicles were in his name alone and the titles stated "with survivorship rights." The total value of assets is around $150,000. Since his death, my step-mother has been transferring both joint assets and my father's assets to her personal account in Florida. I have reviewed Indiana Code, Title 29, Probate and it seemed pretty clear that she should only be entitled to 1/3 of the estate. However, my brother has talked to two attorney's on the phone and they both told him she gets everything. The issue for the children isn't the money, but family heirlooms. I have 2 basic questions: First, what exactly are our options as the surviving children? Second, if I am to believe what the 2 attorney's told my brother on the phone, why doesn't Title 29 of the Indiana Code apply to our situation?

If 2 qualified Indiana lawyers told you something, why would you believe something a NON-Indiana lawyer tells you?

I don't know, but there is something ina IC 29-1-4-1 that may help you understand:
Sec. 1. The surviving spouse of a decedent who was domiciled in Indiana at his death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). The allowance may be claimed against the personal property of the estate or a residence that is a part of the decedent's estate, or a combination of both. .... An allowance under this section is not chargeable against the distributive shares of either the surviving spouse or the children.

My advice to you. IF you want something PAY a capable lawyer to see if he or she canhelp you find a way to get what you want. For example, might some of these heirlooms already be yours that you let your father hold for you? Can you make a claim against the estate for services? Does the section mentioned even apply if property above $25k is held in joint name?

Free advice on a phone call is NOT the same as hiring a lawyer who really takes an interest in your case. Ultimately it may turn out that the first 2 were right. But you'll at least have had a good shot.

SEPT. 13, 2001

DEAR GRIFFDIVER:

It looks as if the advice (that your brother was given by other attorneys over the phone) was bad or incompetent. I am not familiar with Indiana probate law, but I did find the following information in a reference book (which I assume is correct unless there have been more recent changes in the law):

If there is no will, if there is a surviving spouse and CHILDREN NOT OF THE SPOUSE surviving, then real estate: life estate of 1/3 of real estate goes to spouse and the balance to the children; personal property: 1/2 to spouse and 1/2 TO CHILDREN.
Personal property would include cars, boats and MONEY.
(Section 29-1-2-1)

Regardless of whether or not there is a will, the surviving spouse gets 1/2 of the deceased spouse's estate. Please refer directly to the statute (or ask an attorney for interpretation), since the provisions are detailed. (Section 59-6a202).

Looks as if you children should get an Indiana probate attorney who is more familiar with Indiana law in order to file a claim (on your behalf--or at least send the wife or the probate court a letter asking to be informed about what your share of the estate is) to see that this estate is divided up properly--I doubt you could trust the 3rd wife to notify you about what you will be receiving from the estate if she has already started moving assets out of state--her attorney probably knows that you all are eligible and might have advised her to start taking as much as she could, but that seems as if it might be inappropriate.

SINCERELY,

[email protected]

Something is a little confusing about your post... Your father passed away in Indiana, yet your "step-mother has been transferring both joint assets and my father's assets to her personal account in Florida."

Why does she maintain a Florida account?? Were they estranged?? Were they no longer living together??

All of these issues may have relevance in determining probate answers.