Legal Question in Wills and Trusts in Indiana

My husband's biological father passed away in an auto accident 2 years ago in Indiana. At the time of his death, he left surviving as his heirs at law 4 people (his spouse and 3 sons) all of whom are adults. At the time of his death, he did not own sufficient probate assets to require the full administration of an estate. His spouse/widow filed a wrongful death suit. A settlement has now been reached.

#1 Do the 3 sons not get anything from his assets?

#2 Do the 3 sons get a percentage of the wrongful death settlement since they were not 'dependent' upon the Decedent?

Asked on 8/09/18, 8:41 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

1. Possibly. Intestate sucession rules can provide for some assets to pass to descendants. But these assets would have to have been in the father’s name alone, and with no designated beneficiary.

2. No

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Answered on 8/11/18, 6:07 pm

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