Legal Question in Wills and Trusts in Indiana

Indiana: When a person dies intestate and one of the heirs sells off all of the antiques and personal belongings (over $1000.00 +++ worth) and empties out the bank account, and not notify the mortgage company or any of the debt collectors of her death until after one year, is there anything that the 4 remaining heirs can do to collect their share of the estate?

It never was put into probate and the house was valued at over $120,000.00 which is now in forclosure because the first heir was living there without paying the mortgage or bills. She had continued telling the remaining heirs that the estate was in probate but they have since learned it to be a lie and that she sold everything of value immediately after the death. Two of the heirs live in a different state and one lives in a different town in Indiana.

Asked on 10/26/11, 5:19 pm

3 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Yes, this is theft. Find a lawyer. File suit.

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Answered on 10/26/11, 5:57 pm
Kenneth Wilk Rubino Ruman Crosmer & Polen

You can pursue the first heir for repayment and reimbursement of what was legally due to the remaining heirs. However, it's only worthwhile, if it can be collected.

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Answered on 11/06/11, 4:42 pm

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