Need help in Indiana

[bgepters]

What is the name of your state? Indiana
I accidently locked my last thread. Please respond to this one with advice for my last question, thanks!

 

[BlondiePB]

Without knowing how the assests were titled (In Trust, Payable/Transferable on Death, Joint Tenants With Rights of Survivorship), no one can provide you with an accurate answer. Here's IN intestate probate code. Hire an attorney if you need to do so to protect any of your interest in the estate.

IC 29-1-2Chapter 2. Intestate Succession and Rights of Certain InterestedPersonsIC 29-1-2-1Estate; distributionSec. 1. (a) The estate of a person dying intestate shall descend andbe distributed as provided in this section.(b) Except as otherwise provided in subsection (c), the survivingspouse shall receive the following share: 1) One-half (1/2) of the net estate if the intestate is survived byat least one (1) child or by the issue of at least one (1) deceasedchild.(2) Three-fourths (3/4) of the net estate, if there is no survivingissue, but the intestate is survived by one (1) or both of theintestate's parents.(3) All of the net estate, if there is no surviving issue or parent.(c) If the surviving spouse is a second or other subsequent spousewho did not at any time have children by the decedent, and thedecedent left surviving him a child or children or the descendants ofa child or children by a previous spouse, such surviving second orsubsequent childless spouse shall take only an amount equal totwenty-five percent (25%) of the fair market value as of the date ofdeath of the lands of the deceased spouse, and the fee shall, at thedecedent's death, vest at once in such child or children, or thedescendants of such as may be dead. Such second or subsequentchildless spouse shall, however, receive the same share of thepersonal property of the decedent as is provided in subsection (b)with respect to surviving spouses generally.(d) The share of the net estate not distributable to the survivingspouse, or the entire net estate if there is no surviving spouse, shalldescend and be distributed as follows: 1) To the issue of the intestate, if they are all of the samedegree of kinship to the intestate, they shall take equally; or ifof unequal degree, then those of more remote degrees shall takeby representation.(2) If there is a surviving spouse but no surviving issue of theintestate, then to the surviving parents of the intestate.(3) If there is no surviving spouse or issue of the intestate, thento the surviving parents, brothers, and sisters, and the issue ofdeceased brothers and sisters of the intestate. Each living parentof the intestate shall be treated as of the same degree as abrother or sister and shall be entitled to the same share as abrother or sister. However, the share of each parent shall be notless than one-fourth (1/4) of such net estate. Issue of deceasedbrothers and sisters shall take by representation.(4) If there is no surviving parent or brother or sister of theintestate, then to the issue of brothers and sisters. If suchdistributees are all in 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.(5) If there is no surviving issue or parent of the intestate orissue of a parent, then to the surviving grandparents of theintestate equally.(6) If there is no surviving issue or parent or issue of a parent,or grandparent of the intestate, then the estate of the decedentshall be divided into that number of shares equal to the sum of: A) the number of brothers and sisters of the decedent'sparents surviving the decedent; plus(B) the number of deceased brothers and sisters of thedecedent's parents leaving issue surviving both them and thedecedent; andone (1) of the shares shall pass to each of the brothers andsisters of the decedent's parents or their respective issue perstirpes.(7) If interests in real estate go to a husband and wife under thissubsection, the aggregate interests so descending shall beowned by them as tenants by the entireties. Interests in personalproperty so descending shall be owned as tenants in common.(8) If there is no person mentioned in subdivisions (1) through(7), then to the state.(Formerly: Acts 1953, c.112, s.201; Acts 1965, c.405, s.1.) Asamended by P.L.283-1987, SEC.1; P.L.5-1988, SEC.154;P.L.167-1988, SEC.1; P.L.176-2003, SEC.3.IC 29-1-2-2 Repealed(Repealed by P.L.176-2003, SEC.7.)IC 29-1-2-3Repealed(Repealed by Acts 1973, P.L.288, SEC.2.)IC 29-1-2-3.1