Join INGunOwners For Free
Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Expert

    User Info Menu

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

    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.

  2. #2
    Expert eric001's Avatar

    User Info Menu

    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.

  3. #3
    Expert

    User Info Menu

    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.

  4. #4
    Grandmaster HoughMade's Avatar

    User Info Menu

    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.
    ​Bullies suck. They also make you stronger.

  5. #5
    Expert

    User Info Menu

    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

  6. #6
    Grandmaster Sigblitz's Avatar

    User Info Menu

    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.

  7. #7
    Grandmaster Tactically Fat's Avatar

    User Info Menu

    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.

  8. #8
    Expert

    User Info Menu

    Quote Originally Posted by Tactically Fat View Post
    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!!!

  9. #9
    Expert Mark-DuCo's Avatar

    User Info Menu

    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?

  10. #10
    Grandmaster Tactically Fat's Avatar

    User Info Menu

    Quote Originally Posted by Mark-DuCo View Post
    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.


Page 1 of 2 1 2 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Button Dodge