Indiana Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness

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US-01754BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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).

Transfer-On-Death (TOD) assets. Indiana residents can use a transfer-on-death form to name beneficiaries for vehicles, securities, and real estate to bypass probate. Cars, small boats, stocks, bonds, brokerage accounts, land, and houses all qualify.

Survived by spouse and at least one descendant from a previous spouse ? spouse inherits one-half 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. Descendants inherit everything else.

(a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs; but it shall be subject to the possession of the personal representative and ...

Code § 29-1-2-1. Adultery or abandonment. If you are separated from your spouse and "living in adultery" at the time of your spouse's death, or if you have abandoned your spouse without just cause, you will not receive a share of your spouse's estate. Ind.

(a) A guardian appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian.

(d) All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent. (e) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.

Assignments, however, almost never apply to a beneficiary's interests in a trust. Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution. The anti-assignment provision protects undistributed trust assets from claims by a beneficiary's creditors.

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Indiana Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness