Probate
Legal Services
Losing a loved one is never an easy time.
Having to worry about legal nuances that are involved with administering a love one’s estate is the last thing you should be worried with.
If you have recently suffered from the loss of a loved one, Calhoun Law is here to take care of all of your probate needs. Attorney Daniel J. Calhoun is well versed in the complex area of Probate Law. He has served as a faculty member for the National Business Institute, providing education in the area of Probate Administration.
What exactly is Probate?
Probate is the court process used to gain access and either transfer or give a deceased persons’ assets to another person(s) who is entitled to them. It is called “probate” because that is what the Court is called which has jurisdiction in this situation. Who will receive the assets will either be determined by the deceased’s Last Will and Testament or the rules contained in Title 29 of the Indiana Code relating to “intestate succession.”
How long will Probate take and how much money will it cost?
Probate Estates typically take approximately twelve months from start to finish and cost around five thousand dollars. This can vary depending on the complexity of the assets and the number of beneficiaries involved in the case.
My loved one died without leaving a Will, who is entitled to a distribution from their assets?
That depends. The common misconception is that when someone dies without leaving a Will the State will take all of their assets. This is simply untrue. If someone dies with assets subject to Probate and does not have a Will or Trust, their assets will be distributed pursuant to the intestacy statutes of Title 29 of the Indiana Code. For example, if your father died without a spouse or any other children, you would be the sole beneficiary of his estate.
My father passed away leaving $10,000.00 in credit card debt, I don’t have to pay for that, do I?
In most situations, you are not directly responsible for the debts of your loved ones, but the debts may have to be paid prior to closing the Probate case with the court. However, if your loved one has assets, any outstanding debts may be required to be satisfied prior to you getting a distribution. A skilled Probate attorney can get creditors’ claims barred if not brought in the proper manner or employ strategies to negotiate the payment of substantially less than the claimed amount and save you money.
My father died and my brother petitioned the Court to be the Personal Representative of his estate. He already has an attorney representing him, do I need an attorney?
First, you need to make sure you understand that if you receive notice that someone is petitioning the Court to be a personal representative and are represented by an attorney, their attorney is NOT YOUR ATTORNEY and does not necessarily represent your interests. Chances are that attorney will not be available to you to explain the process or update you on what is going on. It is always the safest bet to employ your own attorney to represent your interests.
Will I have to pay inheritance tax and if so how much?
Due to a recent change in law, you can be certain that you will owe no State inheritance taxes and will not owe any federal unless the estate is valued at more than 11 million dollars.
Schedule a Free Consultation
Administer your loved one’s estate.
After my father passed away everyone in my family was fighting over money.
My brother took my father’s house and tried excluding the rest of us from getting anything. I hired Calhoun Law and he was able to rescind the illegal transfer and get the house put back into my father’s estate. If it wasn’t for Dan, not only would my father’s wishes not be honored but I would have ended up with nothing.
Mark B.
Probate
After my father passed away everyone in my family was fighting over money.
My brother took my father’s house and tried excluding the rest of us from getting anything. I hired Calhoun Law and he was able to rescind the illegal transfer and get the house put back into my father’s estate. If it wasn’t for Dan, not only would my father’s wishes not be honored but I would have ended up with nothing.