Question for the Ingo Legal Eagles... Re; Wills/Trusts etc...

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  • BiscuitsandGravy

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    Need some guidance re; Indiana Wills/Trusts (not NFA).

    Helping a neighbor navigate the passing of his Father and his estate...

    Question- what rights do the heir's, children in this case, have? I would think the heirs would have access to their folks' documents- wills, trusts, etc. basically any documents to determine how things are to be split?

    Any direction to Indiana code or reference would be helpful...

    Not looking for legal advice just yet. Trying to understand what should transpire and the process.

    Thanks.

    B&G.
     

    eric001

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    IANAL, but went through something like this decades ago...

    If the heir has already passed on, then the inheritors of their estate would theoretically have the same standing as the original heir. At least that's how it played out in my case. I'm sure there are qualifying statements in some wills that might change that situation drastically.

    Hopefully an actual lawyer will chime in sooner than later--just thought I'd help what little I could with how it worked out in my experience. I'm sorry your neighbor has to go through this mess--it's never enjoyable in any way shape or form.
     

    nra4ever

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    I have a friend dealing with this. Upon death the person with the documents looks like they were going to get way less so she shredded all the documents that were not in her favor or so claim the other family members. Not much u can do unless u can find copies of the documents. good luck with that.
     

    HoughMade

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    This is not my bailiwick. I have been practicing law for over 21 years and there is no way that I would try to handle these issues on my own.

    I recommend seeking out a local attorney who handles will, trusts and estates.
     

    BiscuitsandGravy

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    Thanks. I'm just trying to understand the process he needs to go thru... 1) should he (does he have a right too) access all will/trusts/etc. documents from his parents estate attorney?

    I would like to have the # of any Indiana code that states what he is entitled to access. I've searched but not getting much that is relevant. Once he has a copy of these docs and can determine how things are to be split he can seek counsel to plot his course of action.

    -B&G
     

    Sigblitz

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    My in laws, one child, not the oldest, is executer. House is to be sold and split, or one can buy everyone out. Executor will change locks and everything will be done as willed.

    So if the oldest wants documents, why? But wills and situations are different. Like Hogue said, no one can give you 'good' general advice. Mileage my vary.

    There's also preplanning without notice, probably where he's at, preplanning with notice, where my inlaws are at, and no planning probate/free for all. First one to the license branch wins.
     

    Tactically Fat

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    I'm gonna piggy back this and give a PSA:

    Get your **** in order now, people. Get your estates / wills / etc taken care of now while you can. Make it easier on your heirs and/or chosen executor (which is not necessarily an heir). And if you're a senior now - I also suggest that you "do your giving while you're living so you're knowin' where it's goin' ". Also for seniors - Medicare has a 5-year lookback on transfer of assets if you happen to need nursing home type care. Protect your assets so, again, you're knowin' where it's goin'.

    My wife and I have been through the deaths of both of her biological parents in the last 6 years or so. Neither of them had ANYTHING in order. Her mother's affairs were a train wreck (on top of the train wreck that was her death itself). A simple will would have made it 100% easier on her 4 children. Her father's death was a complete mess but for other reasons.

    Get your affairs in order NOW. "I carry a gun because I want to be prepared"... Which has an almost statistically 0.0% chance of being needed... But don't have a will when there's a 100% chance you'll need it.
     

    nra4ever

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    I'm gonna piggy back this and give a PSA:

    Get your **** in order now, people. Get your estates / wills / etc taken care of now while you can. Make it easier on your heirs and/or chosen executor (which is not necessarily an heir). And if you're a senior now - I also suggest that you "do your giving while you're living so you're knowin' where it's goin' ". Also for seniors - Medicare has a 5-year lookback on transfer of assets if you happen to need nursing home type care. Protect your assets so, again, you're knowin' where it's goin'.

    My wife and I have been through the deaths of both of her biological parents in the last 6 years or so. Neither of them had ANYTHING in order. Her mother's affairs were a train wreck (on top of the train wreck that was her death itself). A simple will would have made it 100% easier on her 4 children. Her father's death was a complete mess but for other reasons.

    Get your affairs in order NOW. "I carry a gun because I want to be prepared"... Which has an almost statistically 0.0% chance of being needed... But don't have a will when there's a 100% chance you'll need it.

    That's great advice!!!
     

    Mark-DuCo

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    This thread has me thinking, I haven't made out a will yet, but I am divorced and only have one son. I would be leaving everything to him in my will. So my question is what happens if I would pass away before i get my will wrote up? Doesn't everything go to him anyway since he is my only son?
     

    Tactically Fat

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    This thread has me thinking, I haven't made out a will yet, but I am divorced and only have one son. I would be leaving everything to him in my will. So my question is what happens if I would pass away before i get my will wrote up? Doesn't everything go to him anyway since he is my only son?

    Don't count on it.
     

    Kirk Freeman

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    The "rights" of the heirs depend on how the will is drafted and who the PR is.

    Your neighbor needs to talk to an attorney right now as there may be deadlines at play.

    I know he is grieving but do the needful and stop mucking about.
     

    WebSnyper

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    This thread has me thinking, I haven't made out a will yet, but I am divorced and only have one son. I would be leaving everything to him in my will. So my question is what happens if I would pass away before i get my will wrote up? Doesn't everything go to him anyway since he is my only son?

    I'd make sure my beneficiary information on everything that has a beneficiary points to him, and then I'd still get the will take care of, as you may want to make sure that your son in fact gets anything not directed to him by way of being a beneficiary, etc, and because you may want to put some stipulations, etc in place in case you have concerns about assets getting to him instead of your ex-wife if she is his guardian, etc.
     
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