如果印第安纳州没有遗嘱会发生什么?

• 2021年12月1日
• bet9九州体育登录线路
• 房地产 & 老法

People often put off creating a last will and testament either because they’re too busy or they don’t like contemplating end-of-life issues. 但推迟立遗嘱不是个好主意. It can create confusion, expense, and delay for your loved ones after you’ve passed away. When someone dies without a will in 印第安纳州, it is called “intestate succession.“这是一个复杂的法律术语, 所以更好的思考方式是问, “如果印第安纳州没有意愿会发生什么?”

If you die without a will in 印第安纳州, your assets will pass to your closest relatives. These assets include only items that would have passed through a will under 印第安纳州’s intestate laws – typically assets that you own by yourself, 以你自己的名义.

Who gets what when you die under 印第安纳州 intestate laws depends on whether you have a living spouse, 孩子们, 父母, 或者其他亲属. For these purposes, “descendants” is defined as 孩子们, grand孩子们, and great-grand孩子们. 具体情况如下:

• 配偶，但没有父母或后代 -配偶继承一切.
• 有孩子但没有配偶 孩子继承一切.
• 配偶和你的后代 -配偶继承一半的无遗嘱财产, and 孩子们 receive the other half of intestate property divided equally among them.
• 配偶和至少一个前一段婚姻的后代 – Spouse inherits half of your intestate personal property and one-quarter of your real estate (minus any liens); 孩子们 inherit everything else.
• 配偶及父母 – Spouse inherits three-quarters of your property, and 父母 inherit one-quarter.
• 有父母，但没有配偶或后代 父母继承一切.
• 兄弟姐妹，但没有配偶，后代或父母 -兄弟姐妹继承一切.
• 兄弟姐妹和父母，但没有配偶或后代 -兄弟姐妹和父母平等分享无遗嘱财产, but 父母’ portion must be at least one-quarter of property.

Here are some important things to keep in mind where 孩子们 are concerned:

• 被收养的孩子 (印第安纳州. 代码29-1-2-8) Legally adopted 孩子们 will receive the same intestate share as your biological 孩子们.
• 继子女和寄养子女 – 继子女和寄养子女 (who are not legally adopted by you) will not automatically receive an intestate share.
• 被收养的儿童 – If you had a child that you placed for adoption who is legally adopted by someone else, that child will not automatically receive an intestate share.
• 死后/ afterborn孩子 (印第安纳州. 代码29-1-2-6) – If you conceived a child that was born after you die, the child will receive an intestate share.
• 孙子 – (印第安纳州. 代码29-1-2-1) A grandchild receives a share of your intestate property only if their parent (your daughter or son) is deceased and unable to inherit their share.

This area of the law gets very confusing and points out the importance of creating a will to avoid dissent and hurt feelings among heirs. An 遗产规划律师 can answer your questions and explain these laws regarding wills in greater detail.

Other instances that impact who inherits if there is no will in 印第安纳州

There are some occasions when money or property may pass directly to heirs even if there is no will in 印第安纳州, 从而避免了冗长的遗嘱认证过程. These are typically instances in which a trust or named beneficiaries are present. These assets are not divided by 印第安纳州’s intestate succession laws. 其中的一些例子包括:

• 某人转让给生前信托的财产
• 死后付款的储蓄和银行的支票账户
• Funds in an IRA, 401(k), pension, or other retirement account
• 与他人共同拥有的不动产
• 在死亡转移账户中持有的股票和债券
• 人寿保险资产.

The above assets are inherited based on information within the documents themselves – typically co-owners or named beneficiaries – regardless of whether a will exists. For example, you will name beneficiaries when you purchase a life insurance policy or fund a 401(k). 这些信息以书面形式写在原始文件中. It’s a good idea to review and update named beneficiaries periodically in case someone dies, 你有更多的孩子, 或者你想改变你指定的继承人.

What if someone dies without a will in 印第安纳州 and there is fighting within a family?

以下是你应该知道的事情.

Fighting over assets is an unfortunate reality among family members when someone dies without a will in 印第安纳州. 当遗嘱含糊不清或过时时，也会引起争论. These fights among beneficiaries often end up in court when a family member hires an 律师对遗嘱提出异议. Where wills are concerned, an ounce of prevention is definitely worth a pound of cure. The more you can do now to prevent squabbling later, the better. 这就是一份清晰、精心设计的遗嘱能起作用的地方.

If you have an older family member – like a parent or great aunt – it’s a great idea to encourage them to create an estate plan. The time to think about these things is while they’re still in good health and mentally sharp. 一个熟练的 老年律师 or estate planning lawyer can help your loved one put their affairs in order and create tools that will enable them to protect and distribute their assets with ease.

Talk to the 遗产规划 Attorneys at Church Langdon Lopp Banet

The easiest way to avoid confusion and disagreements surrounding family inheritances is to proactively create a will and estate plan. 如果你在你还健康和充满活力的时候这样做, it gives you time to discuss your plans with your spouse and heirs and answer their questions. This helps avoid hurt feelings and arguments after you pass away. Creating an estate plan is one of the most loving gifts you can give your family members. 在Church Langdon Lopp Banet律师事务所, we’ve helped many families plan for the eventual passing of property and financial assets to their heirs. 我们也可以为您定制一个计划. This will enable you to reduce taxes and avoid a lengthy and expensive 遗嘱认证 process. To find out more about our estate planning services, call us at 812-725-8224.