A practical guide for widows, widowers, parents, siblings, and other survivors of a deceased spouse or family member that is intended to assist the survivors to cope with a death in the family. The topics include: anatomical and whole-body gifts; funeral and burial rights, arrangements, and expenses; essential documents; Social Security information; support groups; access to safe-deposit boxes; vacant-dwelling insurance; decedent's last will and probate proceedings; income tax liability of the decedent and the decedent's estate; claiming a decedent's income-tax refund; claiming benefits under a policy of life-insurance; and rollover or distribution from a decedent's qualified retirement plan or IRA.
Indiana US Legal's Survivor's Guide to A Death in the Family
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The next-of-kin is partially described in Indiana State Law, delineating which family members control disposition of remains. The personal property of a decedent is released to the family in the same sequential order. The statute describes the following order for determining legal next-of-kin: Surviving spouse.
Who Gets What in Indiana? spouse inherits 1/2 of your intestate personal property and 1/4 of the fair market value of your real estate, minus the value of any liens or encumbrances on that real estate.
Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000).
Beneficiaries should receive a final accounting from the executor, which is a document that details all of the financial transactions made on behalf of the estate.
If a married person dies without a will and has surviving children, the surviving spouse will only receive one-half of the deceased spouse's property; the other half passes to the children. (If the surviving spouse is a second or subsequent spouse, the surviving spouse will receive even less).
Survived by spouse and parents ? spouse inherits ¾ of your intestate property and parents inherit ¼. Survived by parents but no spouse or descendants? parents inherit the entire estate. Survived by siblings but no parent, spouse, or descendants ? siblings inherit entire estate.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.
Survived by spouse and parents ? spouse inherits ¾ of your intestate property and parents inherit ¼. Survived by parents but no spouse or descendants? parents inherit the entire estate. Survived by siblings but no parent, spouse, or descendants ? siblings inherit entire estate.
