AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Question This question isn't really about Indiana, but I can't seem to find answers anywhere. My mama died Feb. 1st in a car accident. She left no will. She left about $3000 in credit card debt and little bills (like electric and cell phone), and her car which is supposed to be paid off by insurance. She has about $1500 in a checking account, some furniture, and her clothes. That is all she owned. I am hearing all different things. I am hearing that I have to file a Small Estate Affidavit and pay off her bills, and I am hearing that I don't have to do anything. The auto insurance will not pay the loan off that she owes if I do not sign an affidavit of inheritance. The problem is, if I do, they are coming up about $540 short of what she owes. They informed me that I will then become liable if I take over. This is all so confusing and I have even called a lawyer, and he didn't have the answers. Do I have to do anything at all? Can I walk away and let everyone hash it out, or do I, because there is furniture and clothing, have to file something?
Answer If your mother died in Indiana then you have no liability or requirement to do anything. If you are the only heir then I would suggest that you file an consent to transfer on the bank account and pay what bills you feel obligated to pay and no more. You do not become automatically liable. Your altenative is to just say to heck with it and literally walk away. JDH
