Legal Question in Wills and Trusts in Indiana

Re: dying without a will

It would probably be a good idea for your brother to get what's called a "pour over will" which basically says "anything I have not in the trust should be put in the trust upon my death."

There may be more elegant solutions, but that will almost certainly be better than letting things go intestate.

Re: dying without a will

When you say "they" I assume your brother is married.

Probate can be avoided with joint tenancy and beneficiary designations. However, there are perils to both of those methods that your brother should be made aware of.

Also, an opportunity to protect the estate from estate taxes would be lost using this method. Whether this matters or not depends on a number of factors.

I am not an Indiana attorney but I believe Indiana has its own death tax.

As always, there's no substitute for putting them in front of an attorney who specializes in estate planning.

I'm originally from Indiana and if you like I could refer you to someone.

Take care.

Re: dying without a will

What is not covered by the joint tenancy or named beneficiary will pass according to Indiana's intestacy statute.