Legal Question in Wills and Trusts in Indiana
probate and estate question
My father in law passed away recently, unfortunately without a will. However it has come to our attention that all of his assets were not listed on the estate. Is it true that all assets, even if it has her name on them also, have to be listed in estate? Does a judge have to appoint an executor of the estate, or does it automatically go to the current wife? We are truly curious on this because my brother in law currently lives in a home that jointly belonged to the two of them, and she is wanting to charge him outrageous interest to continue living there. Is there any legal recourse that his biological children can take to insure all is being conducted within the law?
1 Answer from Attorneys
Re: probate and estate question
You do not say how long ago is "recently" but I assume you mean less than two years. You also do not mention whether the current wife was on the deeds to the real estate. With all that in mind, you need to find an attorney who can open an estate for you.
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