Indiana - Both parents deceased 5+ years now - 1 sibling still lives in house that is supposed to be divided amongs 5 siblings - letting house get severely run down and shows no motivation to sell or move - what legal rights do I have? If she is there much longer does the house just automatically belong to her? I need to know what to do - other siblings don't care - I already went through helping clean up granparents estate that was falling apart and full of her trash - need advice please - Indiana
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seniorjudge
Senior Member
http://www.finance.cch.com/pops/c50s10d190_IN.asp
Indiana Intestate Succession Laws
If any part of an Indiana decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by issue or a parent.
* If the decedent is survived by at least one child or by the issue of at least one deceased child, the surviving spouse is entitled to one-half of the net intestate estate.
* If the decedent is survived by no issue, but the decedent is survived by at least one parent, the surviving spouse's share is three-quarters of the net intestate estate.
Under a special provision, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving him a child or children or the descendants of a child or children by a previous spouse, such surviving second or subsequent childless spouse gets only a life estate in one-third of the lands of the deceased spouse. At the time of decedent's death, full ownership (in fee) of such lands vests at once in decedent's child or children, or the descendants of such as may be dead (subject only to the life estate of the surviving spouse). The second or subsequent childless spouse does, however, receive the same share of decedent's personal property as outlined above for surviving spouses generally.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2. If there is a surviving spouse, but no surviving issue of the decedent, then to decedent's parent or parents equally.
3. If there is no surviving spouse or issue of the decedent, to decedent's surviving parents, brothers, and sisters, with the issue of a deceased sibling splitting the deceased sibling's share. Each surviving parent is entitled to the same share as a brother or sister. However, a parent's share shall not be less than one-fourth of the net estate.
4. If there is no surviving parent or sibling of the decedent, to the issue of decedent's brothers and sisters. If the distributees are all in the same degree of kinship to the decedent, then all take equally (otherwise, those of more remote degrees take by representation.
5. Decedent's grandparents equally.
6. Decedent's uncles and aunts, with the issue of a deceased aunt or uncle splitting the deceased aunt or uncle's share.
3. State of Indiana. If there is no taker under any of the above provisions, the intestate estate passes to the state of Indiana.
Indiana Intestate Succession Law Fun Facts
* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* A person who abandons his or her spouse without just cause is prevented from later receiving assets from the abandoned spouse's intestate estate. Similarly, a person who leaves his or her spouse and shacks up with another (i.e., commits adultery) at the time of the abandoned spouse's death cannot receive anything from the estate.
* Indiana's intestate succession laws, as well as other related laws, can be found in Title 29 of the Indiana Code.
Copyright 2002 - 2007, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.
I am assuming your parents had no wills. Anyway, above is the law governing your rights and the rights of your squibllings (squabbling siblings).
Indiana Intestate Succession Laws
If any part of an Indiana decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by issue or a parent.
* If the decedent is survived by at least one child or by the issue of at least one deceased child, the surviving spouse is entitled to one-half of the net intestate estate.
* If the decedent is survived by no issue, but the decedent is survived by at least one parent, the surviving spouse's share is three-quarters of the net intestate estate.
Under a special provision, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving him a child or children or the descendants of a child or children by a previous spouse, such surviving second or subsequent childless spouse gets only a life estate in one-third of the lands of the deceased spouse. At the time of decedent's death, full ownership (in fee) of such lands vests at once in decedent's child or children, or the descendants of such as may be dead (subject only to the life estate of the surviving spouse). The second or subsequent childless spouse does, however, receive the same share of decedent's personal property as outlined above for surviving spouses generally.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2. If there is a surviving spouse, but no surviving issue of the decedent, then to decedent's parent or parents equally.
3. If there is no surviving spouse or issue of the decedent, to decedent's surviving parents, brothers, and sisters, with the issue of a deceased sibling splitting the deceased sibling's share. Each surviving parent is entitled to the same share as a brother or sister. However, a parent's share shall not be less than one-fourth of the net estate.
4. If there is no surviving parent or sibling of the decedent, to the issue of decedent's brothers and sisters. If the distributees are all in the same degree of kinship to the decedent, then all take equally (otherwise, those of more remote degrees take by representation.
5. Decedent's grandparents equally.
6. Decedent's uncles and aunts, with the issue of a deceased aunt or uncle splitting the deceased aunt or uncle's share.
3. State of Indiana. If there is no taker under any of the above provisions, the intestate estate passes to the state of Indiana.
Indiana Intestate Succession Law Fun Facts
* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* A person who abandons his or her spouse without just cause is prevented from later receiving assets from the abandoned spouse's intestate estate. Similarly, a person who leaves his or her spouse and shacks up with another (i.e., commits adultery) at the time of the abandoned spouse's death cannot receive anything from the estate.
* Indiana's intestate succession laws, as well as other related laws, can be found in Title 29 of the Indiana Code.
Copyright 2002 - 2007, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.
I am assuming your parents had no wills. Anyway, above is the law governing your rights and the rights of your squibllings (squabbling siblings).
seniorjudge
Senior Member
If there has been no probate and no will, then my answer covers that.
Maybe. If they've never pulled any title records, they don't even KNOW for sure who is the owner of record.
Additionally, if anyone is Jt Tenant holding title along with decedent, intestate succession may be moot.
siblings
Thank you very much. There was a will so I guess it is just a matter of making a decision to either ask her to sell so we can settle the estate or leave it alone and not cause any waves. I do appreciate the responses. I am new at this so it took me a little time to find my way back to this forum. This site is very informative.
Thank you very much. There was a will so I guess it is just a matter of making a decision to either ask her to sell so we can settle the estate or leave it alone and not cause any waves. I do appreciate the responses. I am new at this so it took me a little time to find my way back to this forum. This site is very informative.
Ask WHO to sell? You have not established who is in title! If mom and dad are in title THEY sure can't sell. And the resident is NOT the owner, as far as you know. So, at this point, who do you believe has ANY authority to sell it?
Come back and tell us exactly how title is held. THAT will determine if intestate probate is needed, or whether the property will pass to anyone outside probate. If intestate probate is needed, nobody can sell until they have the legal right to sell.
You may need to do TWO intestate probates, or just one if the property is titled in a manner that would have passed it to the surviving spouse outside probate. . The first decedent, then the second. But we can't know until you establish how title is held.
Come back and tell us exactly how title is held. THAT will determine if intestate probate is needed, or whether the property will pass to anyone outside probate. If intestate probate is needed, nobody can sell until they have the legal right to sell.
You may need to do TWO intestate probates, or just one if the property is titled in a manner that would have passed it to the surviving spouse outside probate. . The first decedent, then the second. But we can't know until you establish how title is held.
seniorjudge
Senior Member
Agreed.
Even if there were wills, they would doubtless not be valid at this late date.
So intestate succession is the only way to go.
With all due respect, Your Honor, UNTIL we know how the place is titled, we don't even know if this property is subject to probate. It sounds like the poster is working off presumptions- and the unknown reality is that the house might be in a trust, might have all their names added, who knows? My experience is that MANY people have no clue how the real estate they are dealing with is vested in title. Literally every couple weeks I have to call someone who is selling and inform them that the house they are selling turns out to not be titled the way they thought.
seniorjudge
Senior Member
I do not disagree with anything you said above.
I just got through helping a lawyer fix a screwed up mess that he created when he thought he'd save time and trouble and get a deed from some old codger who wanted to sell him some land.
Other than an incorrect grantor and an incorrect legal description, the deed was okay!
But it was really okay when I got through with it!
I do not disagree with anything you said above.
I just got through helping a lawyer fix a screwed up mess that he created when he thought he'd save time and trouble and get a deed from some old codger who wanted to sell him some land.
Other than an incorrect grantor and an incorrect legal description, the deed was okay!
But it was really okay when I got through with it!
Yup! I have seen some pretty sad messes created with the legal descriptions/ownerships by parties who had no clue what they were doing and were deeding various full and partial legals or interests back and forth until it was impossible to tell what the heck was now owned!I've DEALT with properties that were still titled to a long deceased GREAT grandparents and at least three probates were now needed.
Properties transferred to a trust decades ago during some estate planning meeting, but the owner totally forgot they had done so.
Properties now deeded to one child who the parent believed would "do the right thing" and share it with the other siblings after they died.
Properties titled to a couple here in WI as husband and wife who ONLY had a common law relationship, but considered themselves married, even though WI does NOT have common law marriage.He was now deceased, AND SHE thought THE PROPERTY WAS AUTOMATICALLY HERS.
Property titled to a husband and wife who have been apart and in different states over thirty years who THOUGHT they had something called a Common Law Divorce.
Property bought under a land contract. long ago paid off, but never obtained a Deed in Satisfaction of the Land Contract. The title company had to search 13 probates, the Vendor and his heirs, to determine none felt they had an interest in the real estate, before they'd offer affirmative coverage and insure the conveyance.
It AMAZES me that an attorney doesn't know that one should ALWAYS get title insuance, and never rely on the last deed.Other than an incorrect grantor and an incorrect legal description, the deed was okay!
I can't tell you how many family law attorneys I've met with who "don't want to add costs" for their clients, and yet go AHEAD AND have divorcing or seperating couples buy out and deed interests to each other without ever checking the title condition to make sure he/she has not already deeded out their interest and that no liens or judgments, etc. have attached to their interest!
And that second alternative will eventually result in the kind of god-awful mess that seniorjudge and nextwife are mentioning.
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