Legal Question in Real Estate Law in Indiana

My mom has power of attorney over my step dad. He recently passed away. We are trying to figure out who gets the house. His son or my mom.

Asked on 9/12/16, 12:16 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

Power of attorney has nothing to do with who gets the house. If there was a will, it would say who gets it. If someone's name was on the house with your stepdad, the remaining living person gets the house. If there was no will or no other person's name on the house, there are statutory rules of intestacy which determine who the heirs are, depending on what spouses and natural born children are alive.

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Answered on 9/12/16, 1:41 pm

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