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What Happens if You Die in 印第安纳州 Without a Will?

Everyone dies, but not everyone makes a . While it’s understandable that some people are uncomfortable discussing their mortality, their reluctance to plan for it can force their families to fight through the courts in order to determine where their assets 将 go and how their debts 将 be paid. Unfortunately, not having a 将 is extremely common. According to a 2014 survey, more than 60 percent of Americans do not have one. 和No. 1 reason why not? “Just haven’t gotten around to making one.”

Who should have a 将? Just about everyone. Whether your estate is small and simple or large and complicated, planning ahead gives you some control over what happens to your belongings while also saving your loved ones time, 钱, and anguish after you’re gone. A 将 is a written set of instructions for the distribution of your estate upon your death. If you die without a valid 将, the state applies its rules of intestate succession to determine what should happen to your property. Loved ones who were promised certain belongings may get nothing, while those you wanted to disinherit may be given significant assets.

Intestacy laws vary from state to state. In 印第安纳州, the children of a person who is not married inherit the entire estate in equal shares. Adopted children have the same inheritance rights as biological children. Stepchildren and foster children receive nothing if they were never legally adopted. If you are married and have children with that person, your spouse gets one-half of your estate and your children get the other half. If you have more than one child, the half they receive is divided equally among them. If you have a child from a prior marriage, the rules get complicated – your current spouse receives half of your personal property and one-quarter of the fair market value of any real estate, while the other half of your personal property and the title of any real estate are awarded to all your children.

If you are married, 没有孩子的, and your parents are living, your spouse gets three-quarters of your property and your parents get one-quarter. If you are unmarried and have no children, your parents each get one-quarter and your siblings get the remainder. Occasionally, it happens that a person does not have even distantly related family. In those cases, the property is distributed to the state.

If you do not want 印第安纳州’s laws of intestate succession to determine how your property is divided, you should execute a 将. To make sure that the 将 accurately reflects your wishes and is validly drafted, it’s important to have a lawyer’s advice. If you have any questions about this topic, you can find out more by discussing it with one of the 印第安纳州 遗产规划 律师在 Church, Langdon, Lopp, Banet Law. We have years of experience helping people and we can help you. Based in 新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana; including, 弗洛伊德, Clark and Harrison County, 印第安纳州 and Louisville Metro/Jefferson County, 肯塔基州. Contact us by calling (812) 725-8224 or by using 我们的网上表格.

Attorney Steve Langdon

Attorney Steve LangdonLicensed to practice in both 印第安纳州 and 肯塔基州, Steve Langdon is an experienced elder law and trial attorney. In addition to his litigation and trial work, Steve’s practice includes 将s, 信托基金, 遗嘱认证, Medicaid planning, 监护, powers of attorney, and advanced directive planning, including living 将s and health care surrogate designations. [ 律师生物 ]

How to File for 离婚 in 印第安纳州

离婚 is one of life’s greatest stressors, and the process can often seem confusing and complicated, especially if there are issues such as shared children, 房屋, and assets involved or grounds for contention. Even if you and your spouse agree on most issues, you need to ensure that everything is done in accordance with 印第安纳州 law, including meeting residency requirements, filling out and fi[...]