Inheritance - No Will

Question Details:

How is an estate handled in the state of Indiana if there is no a will; in order of relationship?

Asked 10/1/2009 under Wills, Trusts, Probate | 425 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

In the case of a married person: 
If there is at least one child or any children of a deceased child:
- Spouse - 50%
- Child and children of deceased child - 50%

If no children or grandchildren, but with parent(s):
- Spouse - 75%
- Parent(s) - 25%

If no surviving children, grandchildren or parents:
- Spouse - 100%

Different distributions apply to second or subsequent spouses when at least one child (or grandchild) from prior marriage survives:
- Spouse - 50% of personal property & 25% of the value of real estate
- The rest to children (or grandchildren) of prior marriage

In the case of an unmarried person:
If there is at least one child or any children of a deceased child:
- Children and/or children of deceased child - 100%

If there are no children and no children of a deceased child:
- Parents, brothers, sisters and children of deceased 
   brothers and sisters (nieces/nephews) - 100%

If there are no parents, brothers or sisters:
- Children of deceased brothers and sisters - 100%

If there are no children of deceased brothers and sisters:
- Grandparents - 100%

If no grandparents:
- Brothers and sisters of parents and children of deceased brothers and sisters of parents - 100%

If none of the above the State of Indiana gets 100%

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