What Happens to an Indiana Estate if There is No Will | Indiana Intestacy Law

[@jacobbozeman2364]

I recently obtained a small estate affidavit in indiana. Mainly to pay off and take possession of my father's 2 vehicles. The bank failed to tell me about a tax lien that IDR had on them until after I paid them $2700. Shady business. I talked to IDR about the lien and was told to send a letter of circumstance in email form to try to get them to release the liens. I sent the letter, as well as copies of the death certificate and the notarized small estate affidavit. I just heard back from IDR and they said because my aunt was listed as the informant on the death certificate, they'd need her to contact them to release any liens. Everything I've found online says the being the informant doesn't grant any special legal authority and that my small estate affidavit is a legal document essentially putting me in charge of the listed assets. So im baffled as to why the IDR says they need my aunt to also contact them. Are they in right or am I correct in being irritated at them ignoring a legal document giving me the authority

[@Learn-about-law]

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[@Derek-f6o]

Mom dies handwritten will only had two sons one passed away one living in the house how does he inherit the house

[@Learn-about-law]

Hi Derek! Thank you for your question. Based on your scenario, I will provide an overview of Indiana estate planning laws, handwritten wills, and the steps you might consider. Please note that this response is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Indiana Estate Planning and Handwritten Wills Validity of Handwritten Wills In Indiana, handwritten wills (also known as holographic wills) are recognized and can be considered valid if they meet certain requirements: Entirely Handwritten and Signed: The will must be entirely in the handwriting of the person making the will (the testator) and signed by the testator. Testamentary Intent: The document must clearly indicate that it is intended to be the testator’s will. Witnesses: Indiana law typically requires that a will be witnessed by at least two disinterested witnesses. However, if the will is entirely handwritten, it may still be considered valid, although it might be subject to greater scrutiny. Determining a Valid Legal Claim to the House The distribution of the house depends on several factors: Content of the Will: The terms of the will dictate how the estate, including the house, should be distributed. If the will specifies that the house should go to the surviving son, he has a valid claim. Intestate Succession: If the will is deemed invalid or does not explicitly mention the house, the estate may be distributed according to Indiana’s intestate succession laws. Under these laws, the surviving children of the deceased inherit the estate. If one son has passed away and has no descendants, the entire estate may go to the surviving son. Probate Process: The will must be submitted to probate, where the court will validate the will and oversee the distribution of the estate according to the will’s terms or intestate succession laws. If you have more questions feel free to reach out to us at 630.324.6666.

[@sshumkaer]

I'm pretty sure my Aunt stole my Grandpa Will, which I was told existed even when he was still alive. Pisses me off. For example after his death she had my other Aunt removed from executor and became sole power of attorney as my grandmother mind was slipping. Really pisses me off. My Grandpa told me he set money aside for his grand kid's money. His exact words it won't make you rich but it a decent amount. 9 years he's been gone. I wish he was still here, but that being said we had been told all these years that it would be settled when grandmother died. Now Aunt Lisa isn't producing a WILL.