December 6, 2011 8:03 AM Subscribe
My dad died intestate, in Indiana, in 2003. My mom took all of his estate.
posted by anonymous to law & government (8 answers total)
My dad died in Feb 2003 without a will. None of his kids- there are 5 of us- questioned the fact that Mom would take his estate since that's what I assumed happened intestate and never looked into it- it's not as if he died rich but I really have no idea how much he left behind. Since his death my mom sold their home, bought a new one sans mortgage, and has due to matters too sad and complicated to go through here, disowned two of my sisters (we're all adults, 50+, and this is insane). Anyway just today I learned that intestacy laws in Indiana give 50% to the spouse and 50% shared among surviving children. I had never heard a peep about this- and in fact my "bequest" from my dad entailed my mom allowing me to take two- TWO- books from his library.
Anyway nobody apparently ever questioned my mom's claim to 100% of my dad's estate, but now I want to, not only because it's the damn law but also because Mom wrote my sisters out of her will. But this isn't her property- not all of it- to begin with, at least not as I am understanding Indiana intestacy laws.
I know there might be some sort of statute of limitations in Indiana around intestacy but I can''t believe that everything just transferred to my mom with no process and that she really had no idea what we children were due.
So- any advice?