Do I need to open an estate to pursue a wrongful death case in Indiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. Detailed Answer Under Indiana law, a wrongful death action arising from a car accident must be filed by the decedent’s personal representative. The personal representative is appointed by the probate court after […]
Read article →How can I request an extension for filing a final accounting in probate in HI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii law, a personal representative (executor or administrator) must file a final accounting within nine months after qualification. See HRS §560:3-408(4)&(5). If you need more time, you can request an extension by showing cause to the probate court. […]
Read article →How do I apply for letters of administration and what AOC forms are required in Indiana?
Disclaimer: This content is intended for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will (intestate) in Indiana, the court appoints an administrator to manage and distribute the decedent’s estate. The following steps outline how to apply for Letters of Administration and the key forms you’ll […]
Read article →How Can I Request an Extension for Filing a Final Accounting in Probate in AZ?
Detailed Answer Under Arizona law, the personal representative of an estate must file a final accounting within the timeframe set by A.R.S. § 14-3712 (https://www.azleg.gov/ars/14/03712.htm). The final accounting summarizes all assets received, expenses paid, distributions made, and remaining balances. If you need more time to complete this report, you may request an extension before the […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Indiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Indiana to address your specific situation. Detailed Answer Under the Indiana Wrongful Death Act (IC 34-23-1), a decedent’s personal representative may recover damages on behalf of certain surviving family members. Indiana law limits beneficiaries to […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Indiana
Detailed Answer Under Indiana law, the Family and Social Services Administration (FSSA) must recover Medicaid benefits paid on behalf of certain beneficiaries from their estates. The recovery process is governed by Indiana Code section 12-15-21 (Recovery of Medicaid Benefits from Estate), available at https://iga.in.gov/legislative/laws/2023/ic/titles/012#12-15-21. Review the probate court file. After the decedent’s death, the estate […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Indiana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation. Detailed Answer When a person who held an ownership interest in a corporation or LLC (the decedent) passes away, the personal representative (executor or administrator) under Indiana’s probate code (Indiana Code […]
Read article →How can an interested party open probate for a decedent’s estate in Indiana?
Disclaimer: This article provides general information about Indiana probate law and is not legal advice. Consult a qualified attorney for guidance on your specific situation. Step-by-Step Guide to Opening Probate in Indiana 1. Determine the Decedent’s Status First, confirm whether the decedent died with a valid will (testate) or without a will (intestate). The process […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Indiana?
Indiana Detailed Answer If you believe a personal representative (also called an executor or administrator) is mismanaging or misappropriating estate assets, Indiana law allows interested parties to petition the probate court to remove and replace that individual. This process is laid out in Indiana Code §29-1-7-6 (IC 29-1-7-6). 1. Identify Grounds for Removal You must […]
Read article →What Information and Documents Should Be Gathered Before the Decedent’s Passing to Streamline Probate in Indiana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Gathering essential information and documents before a loved one’s passing helps streamline Indiana probate. Under Indiana Code Title 29, an efficient estate administration requires a clear inventory of assets, liabilities, and testaments. Below are key items to collect in […]
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