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.
Expert: David Hollingsworth Date: 3/22/2008 Subject: Is Probate neccessary in all cases?
Question My mother passed away recently and left a small estate of about $60,000 in the form of a retirement fund that she left to me and my two sisters to be split equally. She resided in Marion county and owned no real estate. Her 12-year-old car will be donated to charity. Neither of my sisters nor I reside in Indiana. One of my sisters was designated in her Will as executor of her estate. Does this have to go through probate, do we have to have a lawyer when this situation is so easily resolved amoungst ouselves?
Answer THeoretically you exceed the small estate by $10,000.00 but I would not worry about it if in fact the retirement plan is truly with bebficiaries as you and your siblings. If the company will not release the funds without a consent to transfer then contact them directly and ask for the form and fill it out. You should have no other problems. JDH
