Can I Open an Estate and Serve as Personal Representative in Indiana if I am the Mother-in-Law?
Detailed Answer Under Indiana law, a court appoints a personal representative based on a strict priority list. The top priority goes to anyone named in the will (IC 29-1-7-1). If there is no valid will or no nominee willing or able to serve, the court moves down the list in IC 29-1-7-2: Surviving spouse Adult […]
Read article →How can I probate a will that was not witnessed or notarized in Indiana (IN)?
Detailed Answer In Indiana, every will must be in writing, signed by the testator (or by someone in the testator’s presence at their direction), and attested by at least two witnesses who sign in the testator’s presence. See IC 29-1-5-1. Notarization is not required to execute or probate a will in Indiana; it only makes […]
Read article →How to Obtain and Submit an Original Will in Indiana Probate Administration
Detailed Answer During Indiana probate administration, you must provide the court with the decedent’s last will. Indiana law recognizes two scenarios: the original will is in your possession, or the clerk of the court holds a filed copy. Follow these steps to obtain and submit the will: Locate the Original WillSearch the decedent’s personal files, […]
Read article →What information and duties must a personal representative provide to heirs in Indiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When you serve as a personal representative in Indiana, state law imposes specific duties and disclosure obligations toward heirs and beneficiaries. You must act impartially, communicate clearly, and follow court-supervised steps to settle the estate. 1. Notice of Appointment […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Indiana?
Detailed Answer Under Indiana law, a trustee owes beneficiaries a strict fiduciary duty to manage trust assets in their best interests. When a trustee misuses trust funds, beneficiaries can pursue several legal remedies. 1. Review the Trustee’s Duties Indiana Code § 30-4-3-3 requires trustees to preserve trust property, keep accurate records, and provide beneficiaries with […]
Read article →How Can Original Wills and Codicils Be Located and Verified in Indiana Before Opening Probate?
Detailed Answer Before you open probate in Indiana, you must locate the original will and any codicils and verify they comply with state law. Under Indiana Code §29-1-3-2, probate must begin in the county where the decedent lived at death. Follow these steps: 1. Conduct a thorough search Check the decedent’s home, safe deposit box, […]
Read article →How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Indiana
Disclaimer: This article provides general information and is not legal advice. For personalized guidance, consult an attorney or the Indiana Family and Social Services Administration (FSSA). Detailed Answer 1. Understanding Indiana Medicaid Estate Recovery Indiana law permits the Family and Social Services Administration (FSSA) to recover Medicaid benefits paid on behalf of a recipient from […]
Read article →How to Request an Amendment to a Police Report in Indiana
Detailed Answer Under Indiana’s Public Access to Public Records Act, you can request corrections to inaccurate police reports. Start by obtaining a certified copy of the report from the records custodian at the relevant police department (IC 5-14-3-5). Next, prepare a written amendment request. Address it to the custodian, reference the report number and date, […]
Read article →What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in Indiana?
Detailed Answer Verifying every individual with an interest in Indiana real property ensures clear title and prevents future disputes. Indiana law emphasizes proper identification, capacity, and acknowledgment before recording. Key steps include: Review the Conveyance Instrument: Obtain a certified copy of the deed, mortgage, easement, or trust document. Confirm it names all grantors, grantees, trustees, […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Indiana?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. When a foreclosure sale in Indiana produces funds in excess of the total debt, the former owner and other parties with a legal interest may petition the court for those […]
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