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My mom and step dad died in a fire in their home March 1st.

Customer Question
Hi. My mom and...

Hi. My mom and step dad died in a fire in their home March 1st. My question is, my mom had a small pension with no beneficiaries. I am her oldest son and I have one brother. My step dad's daughter is "Executor of the estate" the money goes into probate. Who should get the money? her 2 sons or his 4 dauahgters and her 2 sons?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I am Illinois, but they lived in Indiana, Spencer county.

Lawyer's Assistant: What documents or supporting evidence do you have?

I don't have any documents. My step sister contacted my mom's old employer American medical Association and they were the ones who told her about the pension.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When a house burns to the ground, how is insurance company going to handle pay out or house rebuild?

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/15/2018
Lawyer: P. Simmons, Attorney replied 1 month ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 36,581
Experience: 16 yrs. of trial experience
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 1 month ago

I am so sorry for your loss.

Can you tell me, did your parents have wills?

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Customer reply replied 1 month ago
They didn't have wills. My mom was married to my step dad. She is my parent.
Customer reply replied 1 month ago
i am fine this way.
Lawyer: P. Simmons, Attorney replied 1 month ago

Thanks
You mention that dad's daughter is executor of the estate...WHICH estate (I both died...there should be two estates)?

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Customer reply replied 1 month ago
She didn't think their to be two services, two obituaries. She only wants the one estate.
Lawyer: P. Simmons, Attorney replied 1 month ago

WHo she?? The daughter?

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Customer reply replied 1 month ago
She is my step dad's oldest daughter. i am my mom's oldest son. She had 2 sons. He had 4 daughters.
Lawyer: P. Simmons, Attorney replied 1 month ago

Thanks
Do you know if she has opened probate for both (your mom and her spouse)?

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Customer reply replied 1 month ago
She didn't open any probate. I believe my mom's pension should go into probate. When i asked her about the money going into probate, she told me yes, but to pay for bills. Is that true?
Customer reply replied 1 month ago
i have to go.
Lawyer: P. Simmons, Attorney replied 1 month ago

Thanks

I have some thoughts and will type them up...a few mins please...

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Lawyer: P. Simmons, Attorney replied 1 month ago

THanks for your patience

WIth no will, then this law will apply

http://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-2-1.html

This is the Indiana intestate statute...it provides how the estate of a person, with no will, shall be divided.
As a child, you (and any other siblings) are entitled to: ***** ***** the intestate personal property and 3/4 of the fair market value of any real estate, minus the value of any liens or encumbrances on that real estate.

All bills MUST be paid first...but after bills are paid, you get your share.

IF you believe she is not being fair? I would urge you to hire an attorney to represent your interests through this process

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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