What Happens to Your Kids If You Die Without a Will in Indiana?

If you're a parent in Indiana, this is a question you can’t afford to ignore: What happens to your children if you die without a will? It’s a tough topic, but planning now ensures your kids are protected if the unexpected happens.

At Vining Legal, we help Indiana families make these important decisions every day. In this guide, you’ll learn what Indiana law says about inheritance and guardianship when there's no will—and why making a plan now matters more than ever.

What Happens to Your Property Without a Will?

When someone dies without a will in Indiana, their estate is distributed under intestate succession laws. That means the state—not you—decides who gets your assets.

Your Children’s Share Depends On:

• Whether you were married at the time of death

• Whether your spouse is also the children’s parent

• How many children you have

For example, if you die leaving a spouse and children who are also the spouse’s, the spouse receives half, and the children split the other half.

Who Qualifies as a “Child” Under Indiana Law?

Not every child-related relationship is treated the same under intestacy laws. Here’s how Indiana defines who gets a share:

✅ Adopted Children

Legally adopted children inherit just like biological ones.

🚫 Stepchildren and Foster Children

These children do not inherit unless you legally adopted them.

🚫 Children You Placed for Adoption

Once adopted by another family, they lose their inheritance rights under Indiana law.

✅ Posthumous Children

Children conceived before your death but born after are still entitled to inherit.

✅ Children Born Outside of Marriage

They may inherit if:

• You married the child’s other parent later and acknowledged them.

• You signed a paternity affidavit.

• Paternity is established in court.

✅ Grandchildren

They only inherit if their parent (your child) passed away before you.

Who Will Raise Your Kids If You Die Without a Will?

This is where things can get complicated—and emotional.

If You Don’t Name a Guardian in a Will:

• A judge will decide who becomes your children’s legal guardian.

• The court’s decision is based on the child’s best interests, but:

  • It may not align with your wishes.

  • Multiple family members could fight over custody.

  • Your children could end up in temporary foster care during the process.

Naming a Guardian in a Will:

• Lets you choose someone you trust to raise your kids.

• Gives the court clear guidance on your intentions.

• Helps prevent family disputes and legal delays.

What Happens to Your Children’s Inheritance?

Even if your kids inherit your estate, there are legal hurdles to consider.

Kids Can’t Inherit Directly

• Minors can’t own property outright.

• The court may appoint a guardian of the estate to manage the money until they turn 18.

No Will = Less Control

• Without a trust or estate plan, your wishes for how money is spent (education, health care, housing) may not be honored.

• Funds could be tied up in the court system, and your child may receive a lump sum at 18—whether they’re ready or not.

Guardianship of Property vs. Person

In some cases, the person raising your child (guardian of the person) is not the person managing their inheritance (guardian of the estate). A will allows you to assign both roles intentionally.

Why a Will Is So Important for Indiana Parents

If you don’t have a will:

• The court picks your child’s guardian.

• The state decides who manages their money.

• Your family could end up in a lengthy, expensive legal battle.

• Your children may not be raised by the people you trust most.

Creating a will ensures:

• Your kids are raised by the right person.

• Your assets are managed responsibly.

• Your family is protected from unnecessary stress.

Final Thoughts

Being a parent in Indiana means taking care of your family—even if you’re not here. A will gives you the power to make sure your children are loved, cared for, and protected, no matter what.

Ready to take the first step? Contact Vining Legal today to start your estate plan. We’ll walk you through guardianship, asset protection, and everything your family needs to feel secure.

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