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Children in Indiana Inheritance Law When a childs parent passes away intestate and the surviving spouse is his or her other parent, that child will inherit half of the decedents estate.
Under Indiana law, a will is filed with the court after the death of the testator. IC 29-1-7-3. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
In this case the surviving spouse will inherit one-half (1/2) of the deceased spouses intestate personal property and one-fourth (1/4) of the value of the deceased spouses real estate (excluding liens) and the remainder will go to the deceased spouses children, per stirpes.
Beneficiary designations override wills, so if you forget to change them, the person named will receive the money, even if that was not your intent. You should review beneficiaries for all of your accounts every year or so.
In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting. No one can write any part of it except for you, and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.
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For a will to be considered valid under Indiana inheritance laws, it must not only be handwritten or printed, but also contain the decedents signature along with those of two witnesses. Should a decedent be physically unable to sign his or her will, another person can sign for him or her.
Requirements for a Last Will and Testament to Be Legally Valid in Florida Must be in writing. Must be made by a competent person. Doesnt require any official terminology or standardized documentation. Must be signed by the testator. Must be signed by and in the presence of at least two witnesses.
The basic law applies no matter what you have done with your old will or where it is stored. If you have made a more recent will (and signed it in the presence of witnesses), the old one is no longer valid.
Although many other states will recognize a handwritten will that is signed and witnessed properly, Indiana typically requires a little more before it validates a will and admits it to probate proceedings. Being handwritten does not mean it is automatically invalid, however.
You can make your own will in Indiana, using Nolos Quicken WillMaker Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.