Hiring Estate Attorney Guide

Summary

As a co-representative of an estate in Indiana, you can hire your own attorney to ensure your interests are represented. Indiana Code § 29-1-7-3 allows for multiple representatives, and § 29-1-7-13 provides for the removal of a representative if its in the best interest of the estate. Intestate succession laws guide asset distribution when theres no will. Consulting a local attorney can help you navigate these complexities and address any misrepresentation issues.

Full Conversation

I need to ask if I can get my own attorney for an estate ?
Hello ****, Yes, you can hire your own attorney for an estate matter. They can guide you through the process and help protect your interests. The laws vary by location, may I know where you are located?
I am one of the * co representative
Hi ****, thank you for your question. Just to clarify, are you asking if you can hire your own attorney while being a co-representative of an estate? Also, could you please specify your location, as laws can differ regionally?
Yes, the other attorney is not for the best interest in my side of the family , he has lied to us he told me yesterday in a meeting with everyone, I I am the problem!
Hello ****, I understand your concerns. Yes, you can hire your own attorney while being a co-representative of an estate. However, laws may vary depending on the location. Could you please provide your location to give you a more accurate information?
I live in Peru Indiana, but my cousin probate is in Madison County
Hi ****, as a co-representative of an estate in Madison County, Indiana, you indeed have the right to hire your own attorney. This could help ensure your interests are represented accurately.
• Indiana Code § *-*-*-* allows for multiple representatives.
• Indiana Code § *-*-*-* provides for the removal of a representative if it's in the best interest of the estate.
I would like to remove him but the other representative liked him because he favors them .
Hello ****, in Indiana, under Indiana Code §*-*-*-*, a representative can be removed if it's in the best interest of the estate. However, this generally requires a court hearing. You might want to consult your own attorney for this process.
Thank you
You're welcome, ****! If you need further legal information or have any other questions, feel free to ask. Best of luck with your estate matter!
What about the heirs there is no will and there’s one aunt and * cousins. Can it be divid it equally ?
Hello ****. In Indiana, if there's no will, the estate is divided according to intestacy laws. Generally, the estate would go to the surviving spouse, then children, then parents. If none exist, it would go to siblings, then nieces and nephews. However, division among aunts and cousins can be complex. It would be best to consult an attorney.
Well I thought that probate wasn’t made to be unfair. Cause my aunt died in July * and all her blood nieces and nephews are to get *% of her estate and uncle Joe’s nieces and nephews. We’re supposed to get *% of her state well her estate got closed in Indiana on November *, * and it’s still open in Florida but my cousin died September *, and he did not get a chance to make a will. So how would that work?
Hi ****, in Indiana, when a beneficiary dies before getting their inheritance, their share goes to their own heirs, according to Indiana's anti-lapse statute (IC *-*-*-*). If your cousin had no children, their share would be divided among their surviving siblings. For Florida, consult a local attorney.
He was an only child, and both his parents have passed, and his grandparents passed. The only ones are left is one aunt and his cousins.
Hi ****, in this case, the share would typically go to the closest living relatives. However, state laws can vary. I recommend consulting a local attorney to understand better how estates are divided in the absence of a will, both in Indiana and Florida.
Would her estate still be considered open so we could use her will?
Hello ****, typically, once an estate is closed, it cannot be reopened unless there's a valid legal reason, such as discovering new assets. If the estate is still open in Florida, it might be possible to use her will there. Consulting a local attorney would provide more accurate information.
Because out of the estate my brother and sisters would get */* of a * and the other represented would get */* or * so the other rep would get *, * and I would get *,*. How can that work like that so we are being punished cause my grand mother had * children one died in the service with no spouse or children so only * aunts and uncles our from our side and * from there side so one cousin get * % on our side and because my father had * kids we get */* th and his side has * and nuts and uncle with only one living and his mom and * kids so her share is dive by * %. How is that fair when in my aunts will she didn’t name and sisters or brothers s ?
****, it seems you're experiencing a complex situation. Distribution of assets without a will is guided by state intestacy laws. In Indiana, IC *-*-* specifies how the estate is divided. The "fairness" is determined by law, not personal feelings. Consult a local attorney to understand better and explore any available legal options.
The other attorney lied and told us they decided to split it evenly so we could show this to the courts but he lied and filled it out to be just the way I explained
Hello ****, I understand your frustration. In this situation, I suggest you consult with your own attorney. They can help you verify the information provided by the other attorney and represent your interests in court. Remember, misrepresentation can be a serious legal issue.
Thank you
You're welcome, ****! If you have any more questions or need further legal information, don't hesitate to ask. Wishing you the best with your estate matters.