Mothers house

[nannabe]

What is the name of your state? indiana
My Mother passed away August 29 th of this year. I am the only child. Mom has another child but she was legally adopted to my grandmother along time ago. My mother is divorced and has been for 20 some years. Back in April of 2005 Mom and I got software that had legal docoments on it and wrote out a will [all typed] we then took it and had it witness by three people while she signed it. Then nortized. We made the will just for safe keeping since I'm the only child we didn't think I'd need it but you never know. She had allready put my name on her checking / savings account. And really the only think I have left to take care of is the house she solely is buying She owes 26,000 on the house, which I am now living in. Do I need to hire a lawyer just to take care of this or where do I go from here?

 

[Dandy Don]

Take the will to a probate attorney to have it reviewed to make sure there are no errors in the language used in the will.

 

[nextwife]

If mom owned the house in her name, you will need to file the will and open probate to transfer title.

 

[seniorjudge]

Ask your probate clerk if there is a small estates procedure in Indiana.

 

[nannabe]

Thanks to all. Nannabe

 

[justalayman]

Ask your probate clerk if there is a small estates procedure in Indiana.

yes there is

Indiana law allows an estate with less than $25,000 of assets to bypass the probate process. A person may prepare a Small Estate Affidavit which states the following:

A. 45 days have elapsed since the decedent’s death;
B. The value of the gross probate estate does not exceed $25,000;
C. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
D. The claimant is entitled to payment or delivery of the property.

The claimant may present this notarized affidavit to any institution (i.e., bank or insurance company) or person holding property of the decedent, and that institution or person shall deliver the property to the claimant.

the house would have to be worth less than $51k (and this does not include any other assets of the estate) for this option to be available. Usually not available for those estates with real estate concerns because of the limitations.

 

[nannabe]

Mom's House

Is there a certain time frame I have to get this done in ? Thanks again !