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Question: Wills, Trusts, Probate - Indiana

Asked on 11/6/2009

Who are legal heirs of person with no will

Brother-in-law passed away with no will. on deathbed he stated he wanted his mother to have her house back (it was hers for over 50 years) she thought she would go first and deeded it to him. He wanted his brother to have anything he had that was their fathers. And his daughters were to get anything that their grandmother wanted to give them. No they have taken the house from her. Who is legal heirs in Indiana when no will exist?


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Answers (1):

M.D., Member in Good Standing of the California and New York Bar


When  person dies without a Will they are said to have died "intestate".  In that case, a deceased estate will be distributed according to the intestacy laws of the state where they legally resided at the time of their death.  Typically, a person's spouse, if any, and the their children; otherwise to the children.  Such is the case in Indiana.

Here is a link to the applicalbe statute for your review:  http://www.in.gov/legislative/ic/code/title29/ar1/ch2.html



  • Answered on 11/6/2009
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