Legal Question in Wills and Trusts in Indiana

I have friend who's dad died 5 years ago. My friend lives in South Bend, IN. He left a will (simple) and the three daughters are the executor of the estate. They have not closed out the estate. The only thing remaining is the house he lived in. The other two sister are very difficult to get anything done. Basically silent. My friend wants to take the fathers name off of the title of the home and put the all three daughters name on the title. She sort of like to put the home on the market ($67,000) if she can get the sister to even come together to discuss this option. The one thing that is holding her back in putting the home on the market is the father has a small debt. The debt is from the city of Mishawaka, IN. The city of Mishawaka, IN loaned my friend father a (redevelopment) load to have the home updated (new windows, furnace etc...). If I recall correctly the portion of the loan he needed to pay back was $7,900 or $9,700. Of course my friend or her sister do not have the money to pay this money back to the city of Mishawaka, IN. I told her when they sell the home this amount would be divided equally between the three of you and subtracted from the amount the house is sold for. My friend does not make much money. Works part time and has a small child at home. The other two sister do not have much either. Can you tell me does my friend have to go to probate court or some other type of court to get the title changed or is there something else they can do. The Utility companies will not turn on the utilities until the title is changed since the father is decease. It has only been recently the utility company realized the father has past and this is why the utilities are off now. I want to help my friend but I am not an attorney. Thanks for your help

Asked on 12/14/16, 11:47 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

Any or all of the sisters were supposed to go to Probate court long ago to open an estate. If they haven't, they should do so. Anyone can. Nothing can be done with the house until an estate is opened. Then the probate court can order that the house be sold, debts paid and balance split. You need a lawyer to do this.

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Answered on 12/14/16, 4:04 pm

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