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Plan Ahead

If You Don't Have a Will . . .

Trust Property will pass according to the terms of the trust.

Joint Property, if titled as "joint tenants with rights of survivorship" or "tenancy by the entireties," will pass to the surviving joint owner.

IRAs, Retirement Plans, and Insurance Contracts will pass to the person designated on your "beneficiary designation form."

Other Property is governed by Indiana intestacy law. That property will be distributed as follows:

  • Single, no children: Each parent and sibling receives an equal share except that each parent must receive at least a one-fourth share.

  • Single with children: Children share equally except that each child under the age of 18 must split at least $25,000 before children over 18 receive a share.

  • Married, no children: Spouse receives $25,000 plus three-fourths of the remaining property. Parents receive the balance.

  • Married with children: Spouse receives $25,000 plus one-half of the remaining property. Children divide the balance.

  • Married with children from an earlier marriage: Surviving spouse receives $25,000, an amount equal to 25% of the net fair market value of the real estate, and one-half of the remaining personal property. Children divide balance of the assets.

If any beneficiary is under 18, a guardian will be appointed and the guardian must file accounting statements with the court until the child reaches the age of 18. Your assets pay the costs of the guardian and the accounting statements.


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Kahn, Dees, Donovan & Kahn, LLP
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Evansville, Indiana 47708
Telephone: (812) 423-3183 
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