Legal Question in Wills and Trusts in Indiana

avoiding probate

I am my Grandmothers guardian she is 90 in good health and has lived alone until September, when I insisted she stay with me. My problem is this I am her only heir and she has about$170.000 in her banking account and a home worth about $200,000 maybe more. I would like some ideal as to how to transfer some of those assets now in order to avoid probate, my aunt died (her sister ) who also had a little change, we were her heirs but probate got a large chunk of her money and made us sell her home, my Grandmother thought at that time if we were both on her accounts,and stocks that would help us avoid probate, however I am not sure, we recently did a quick claim deed for the house, she had several deductions bringing her level of tax down to less then a third, I am waiting , I am sure the taxes will be very high for me as I am 32yrs old, but we did do that,My Grandmother has had several lawyers, Her will leaves me her assets, my Father was her only child as I was his only child she has outlived her sisters and brother only the brother had a child who is now 67 and is not in her will. Please advise me on this problem. Thank-You


Asked on 3/27/05, 8:04 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: avoiding probate

Property transfers in your favor, performed while you are guardian, are presumed to be fraudulent, and can usually be set aside and then shared with the other heirs at law, like her nephew, who would be in line to get half her estate. This also applies to Wills that give you more than you would have received if there were no Will. You need to have clear and convincing admissible evidence to rebut this presumption in Indiana law. I strongly advise you to seek counsel with an attorney experienced in probate matters. Ask your local bar association for a referral. At the same time as you meet with this attorney, you can explore methods for avoiding probate and estate taxes. If your grandmother is already a ward under a guardianship,it will be unusually difficult, but not impossible. Good luck.

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Answered on 3/28/05, 10:08 am


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