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Someone's last will and testament lays out what should happen to their money and possessions after they die. If someone disagrees with the contents of a will, they may be able to contest the will. Challenging a will costs thousands of dollars, with lawyer fees likely reaching $5,000 to $10,000 at a minimum.
This process begins by determining who is in the family. If there is a spouse and no children, the spouse receives 100 percent of the estate. If there is a spouse and children, the spouse receives $50,000 plus half of the balance of the estate. The children inherit everything else.
Dying Without a Will in Indiana Each state handles this scenario differently, though in Indiana, intestate heirs include everyone from your spouse and children to your aunts and uncles. The property the decedent owned gets split up into real property and personal property.
Your heirs must go to Surrogate's Court If there's a will, then that person is typically named in the will as the executor. If there's no will, then one of the heirs typically gets appointed to a position referred to as the ?administrator.? This is the person in charge of handling your estate.
Fraud, forgery, and undue influence are all grounds for challenging a will. All three are related to the extent that each refers to forms of dishonesty. For example, fraud occurs when someone intentionally misrepresents important information to the testator in order to secure some sort of gain through the will.