Best Probate Lawyers in Lafayette

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Lafayette, Indiana?

  For non-emergency situations in Lafayette, you may call the police at 765-807-1200.

• Where can I get a copy of police reports for incidents related to my case in Lafayette, Indiana?

  You may request a copy of your incident report at the Records section of the Lafayette Police Department from Monday to Friday, 7 a.m. to 5 p.m. A notice will be given to you regarding your request’s status within one week.

• What happens in the probate of a Lafayette estate owned by a married couple without children that has no trust or will?

  If a Lafayette estate has no trust or will, Indiana law determines what happens to it. If it is owned by a married couple without children and one of them dies, the surviving spouse and the deceased's parents get a part of the couple’s estate. Depending on the way their assets are titled, the surviving spouse has no other choice but to give some of those assets away, assets of which they previously thought they had sole possession.

• Is estate planning worth it for an estate where the heirs get nothing in a Lafayette probate?

  Estate planning is worth it and could be more important when the heirs get nothing in a Lafayette probate. If the owner passes away with bills and debts, the children might become responsible for them. And even if there are currently no debts, there will always be a chance for unforeseen expenses to arise. An organized plan will help get one’s affairs in order and prepare for unexpected issues.

• Can a will be invalidated in probate in Lafayette if it was created under duress?

  Yes, a will can be invalidated in probate in Lafayette if it was created under duress. This means that the owner was placed under threat of harm to write the will in accordance with the desires of the person forcing them. If the will names a beneficiary deemed "unnatural" because the testator did not know them very well and the former has power over the latter, then such a will becomes suspicious.

• Can a will be invalidated in probate in Lafayette if the testator was mentally incompetent?

  Yes, a will may be invalidated in a Lafayette probate if the testator was mentally incompetent when they wrote it because a will should reflect the person's own volition. If they did not know what they are doing when they created the will, then it cannot be considered voluntarily made. A will that was written in a mentally competent state is still valid even if the testator were mentally incompetent at the time of death.

• Should probate always have to be opened for an estate in Lafayette to transfer property?

  In Lafayette, which follows Indiana law, if the assets’ net value is not over $50,000 after the encumbrances and liens have been paid, then probate need not be opened in court. For such cases, an affidavit or "summary administration" procedure may be all that is needed to distribute the assets to the rightful beneficiaries. If real estate assets need to be sold and not transferred to the heirs, then there may be a need for probate.