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Ok My Ex Husband Killed His Self 8-18-08 He Has A House With Just His Name On It Along With A Bank Account And A Truck. And He Has No Will. Well He Also Has A Wife Who At The Time Was Living With Her Boyfriend. And That Is Why He Killed His Self. Well I Have His Only Child And We Live In Indiana. Well She Thinks Her And Her Man Are Moving In There Next Week. What Can I Do?
His wife would be the next of kid.
The fact she was with her boyfriend is immaterial as long as they are still married.
So basically it all goes to her.
You get an attorney immediately to represent his child. Since there was no will his child is entitled to at least a portion of the total value of the estate.
(Please don't type in all caps unless you have vision problems. It is considered yelling.)
I just checked Indiana probate law. According to IC 29-1-2-1 Sec. 1(c) the second wife is entitled to 25% of the value of the estate and the child is entitled to 75%. So get an attorney immediately!
Thank you guys soooo much. And sorry about the caps.
I wish I new a good attorney in Indiana.
Not that I disagree with you, since you checked the actual law, I found this at Intestate Succession in IndianaQuote:
Originally Posted by LisaB4657
7. If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving him a child or children or the descendants of a child or children by a previous spouse, such surviving second or subsequent childless spouse shall take only a life estate in one-third ( 1/3 ) of the lands of the deceased spouse, and the fee shall, at the decedent's death, vest at once in such child or children, or the descendants of such as may be dead, subject only to the life estate of the surviving spouse. Such second or subsequent childless spouse shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally.
It sounds to me like the OP is the first wife, which means that the current wife does have a life estate in a third of the house, and to some portion of the non-real estate property. It also sounds like this is going to get messy, so a good lawyer is a must.
By the way, the OP said she and the child live in Indiana, she didn't say the deceased did. Where the deceased lived is what laws will govern.
Interesting! I looked at the article and checked the page info. It was last modified in January of 2005. I then went back to the statute and checked for amendments. It was amended in 2005, 2006 and 2008 but I didn't look to see if that was one of the provisions that was amended. So it's possible that the law was changed after the article was written.Quote:
Originally Posted by froggy7
In any case I agree that the OP needs to get an attorney to protect her child's interest in the property asap!
Quote:
Originally Posted by tinythug69
Where did your ex-husband live (what was his State of residence)?
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