Death, wills, and estranged mother in Indiana?

Question

(Writing question for a friend) My mother left my dad, brother and I a year ago to live with a boyfriend. She continued to come to the house on holidays and stuff. My father had a massive stroke and died last June. My mom came to the hospital but the nurse told me that since she was estranged and I am 28 all decisions have to be ran past me-not her. Anyway, we had to unplug him and he passed. Problem is that my mom immediatly stepped in and handled arrangments, cashed the insurance, and moved back into our house like she never left. My Brother and I never saw a dime! She will not even let me have the car my dad left behind. Are we entitled to anything? She keeps saying he left no will and she can do what she wants. I think she was cold and turned her back on us and is NOT entitled to anything. I need to know b4 any limitations run out.
Any lawyers or paralegals in Indiana please help?

My friend says to clarify that her mom left them a yr BEFORE dad died. That she had her own apt and refused to allow any of them over-yet continued to try to maintain a presence in their household. She wanted to "have her cake and eat it too". My friend is 28 and her bro is 22.

Answer 1

If there is no will, then under the inheritance laws of most states, the spouse inherits everything. And until there is an actual divorce, even an estranged spouse is still legally a spouse.

Now, some states provide for a statutory share of the estate for children, either in all cases or if there is no will otherwise.

So, it really depends on whether there was a will, and if not, what the particular intestate success laws are in your state.

Laws vary by state, and only an attorney licensed in Indiana can give you legal advice about Indiana law.

Answer 2

No, you may not invite her and also you do not could be diplomatic about it both. i think a similar way. i have not spoken to my Father in 6 years (poisonous, unfavorable, and so on.) and that i'm surely no longer inviting him to my wedding ceremony. i'm getting married this summer season. i do not favor him tainting my wedding ceremony day pretty, even as i visit't even take care of him tainting an universal day. consequently, no longer chatting with him for 6 years. there is sufficient rigidity that is going into making plans an journey like that & the a lot less issues, the more advantageous powerful.

Answer 3

You are not entitled to the same rights she has as your
dead father's wife. The power of marriage is exactly that -
the only way around it would have been for your dad to write an explicit will where he made you or someone else the executor and parcelled out the goods per his wishes.