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  1. #1
    shulerj is offline Junior Member
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    how long after one's death are the children contacted for the reading of the will?

    What is the name of your state (only U.S. law)? He lived and died in Indiana, we live in Florida.
    Last edited by shulerj; 02-07-2012 at 12:55 PM.
  2. #2
    anteater is offline Senior Member
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    Reading of the will is something that you run across more often in film and literature than in real life. There is no requirement that it be done.

    If you are an heir at law or a beneficiary under the will, you should receive notice that probate is being opened and the estate's personal representative has been appointed.

    From a quick scan, I don't see that Indiana requires that you be sent a copy of the will. But you can certainly request one from the personal representative and/or the court.
  3. #3
    shulerj is offline Junior Member
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    ok... so if my husband is due to get something, how long does it typically take for them to mail something out?

    so you're telling me as a his son, he can call the local court in Ft Wayne and request a copy of the will?
  4. #4
    anteater is offline Senior Member
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    Once the will is admitted to probate, it is generally available to anybody.

    ok... so if my husband is due to get something, how long does it typically take for them to mail something out?
    As long as it takes for someone to submit the will and be appointed as the estate's personal representative.

    IC 29-1-7.5-1.5
    Notice to distributees
    Sec. 1.5. (a) As soon as letters testamentary or letters of administration have been issued, the clerk of the court shall serve by mail notice of the petition on each of the decedent's heirs at law, if the decedent died intestate, or the devisees and legatees under the decedent's will. The mailing of notice under this subsection may not be waived.
    For more:

    http://www.in.gov/legislative/ic/2010/title29/ar1/ch7.5.html
  5. #5
    shulerj is offline Junior Member
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    thanks for the information... so basically, he'll have to wait for his (stepmom) to submit the will to the court.... I'm going to assume she'll do this pretty quickly since checks are still coming in from different companies.... I'm guessing that in order for her to deposit these checks the will has to be submitted to assign her as the (trustee)?? not sure of the legal term here??
  6. #6
    anteater is offline Senior Member
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    Quote Originally Posted by shulerj View Post
    thanks for the information... so basically, he'll have to wait for his (stepmom) to submit the will to the court.... I'm going to assume she'll do this pretty quickly since checks are still coming in from different companies.... I'm guessing that in order for her to deposit these checks the will has to be submitted to assign her as the (trustee)?? not sure of the legal term here??
    The only thing that can be said is: it depends.

    Many married couples often [EDIT: Whoa! Mind-finger connection meltdown. "Often" is a pretty important word to leave out there.] own all or most of their assets in a manner that probate is not required - that is, the assets transfer to the surviving spouse through a right of survivorship, what is often called operation of law.

    Indiana uses the term personal representative for the person appointed by the court to administer a probate estate.
    Last edited by anteater; 02-07-2012 at 01:20 PM.
  7. #7
    nextwife is offline Senior Member
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    Additionally, assets that WOULD pass through probate should not be distributed until all the estate creditors have sufficient time per statute to submit their claims. The estate's first responsibility is to cover decedant's debts and any estate taxes, and at the end is when beneficiaries should recieve their distribution.
    Last edited by nextwife; 02-08-2012 at 11:44 AM.
  8. #8
    shulerj is offline Junior Member
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    A lot of the verbage (legal) terms that is used to explain this is very confusing to me. I guess wanting to know a time line is not a cut and dry answer LOL. I will take this information that you all have givent me and let my husband read it. Hopefully, my husband will be able to understand it better than I. Thanks to all of you for your time and information. I really do appreciate it.

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