- a. According to Ind. Code § 29-1-2-1 (West 2009), when the decedent is survived by a spouse and issue the spouse will receive one half of the net estate and the issue will receive the other half of the estate. This differs from New York’s intestacy law because the surviving spouse in New York receives fifty thousand dollars and then a half of the remaining estate. The issue receive the rest by representation.
b. According to Ind. Code § 29-1-2-1 (West 2009), if the decedent is survived by a spouse and no issue, the spouse receives three quarters of the estate in the event that at least one of the decedent’s parents is living. If the decedent’s parents are deceased, the surviving spouse receives the entire estate. In New York, when no issue exist ,the surviving spouse receives the whole estate.
c. According to Ind. Code § 29-1-2-1 (West 2009), in the event that the decedent is survived by no spouse and no issue, the net estate passes to the decedent’s parents, brothers and sisters, as well as the issue of any deceased brothers and sisters. Each living parent and sibling shall receive an equal share, however, the share of the parents shall not be less than one fourth of the decedent’s estate. The issue of any deceased brothers and sisters will receive their share by representation. In New York, when no spouse and no issue surviving the decedent exist, the whole estate is divided equally between the decedent’s parents.
2. According to Ind. Code § 29-1-5-1 (West 2015), a person must be at least 18 years old in order to make a will. There is an exception to the rule. A person who is younger than 18 may make a will if he or she is a member of the armed forces or a merchant marine for the United States or its allies. The age to make a valid will in New York is also 18.
3. According to Ind. Code § 29-1-5-3 (West 2003), there must be at least two witnesses present in order to duly execute a will in Indiana. At least two witnesses are required in New York as well.
4. The most populous city in Indiana is Indianapolis. A website for a Probate and Trust law firm is: http://www.cgglawfirm.com/Practice-Areas/Probate-and-Trust-Litigation.shtml. I chose this website because I saw that two of the attorneys from the law firm were top rated Probate & Trust litigation attorneys in Indianapolis on another site. I like that the website is simple to navigate and nicely organized.
5. A website for a real estate appraiser in Indianapolis is: http://www.indianapolisappraisals.com/. I don’t think the website is visually appealing, but it does list all of the types of property the company can appraise as well as their coverage area. The website has different tabs one can click on that reveals a lot of in-depth information on many different appraisal needs. Overall, the website is extremely informative.
6. Marion County Clerk’s Office – Probate Division, 200 E Washington St #1741, Indianapolis, IN 46204.
7. Marian University Indianapolis has both a Paralegal Studies Associate degree option as well as a Paralegal Studies certification program. Here is the website to the school’s Paralegal Studies page: http://www.marian.edu/academics/marian’s-adult-programs/academics/paralegal-studies. The website did not state that the Paralegal Studies program is ABA approved. The website states the tuition is $375/credit hour. It is cheaper at City Tech, which is only $275/credit hour for resident students taking a class within their major. The school did not list a description of their Estates, Trusts, and Wills course.