In Indiana, a parent can make a designation of standby guardian and name someone who they want to serve as their child’s caretaker. See Indiana Code 29-3-3-7. Usually, the parent makes this designation as part of their estate planning process. Depending on the wording of the document, the designation will become effective after the parent dies or becomes incapacitated.                But, simply making the designation is not enough. The designated guardian needs to file a petition for guardianship within 90 days after the designation becomes effective, i.e. the parent passes away.  After the petition is filed, it is up to the court to determine whether the designated person is an appropriate guardian for the children. That said, the court usually abides by the designation of the parent, unless there is good cause not to allow the designated person to serve as a guardian. See Indiana Code 29-3-5-4 , -5. An example of good cause is if the...

  When someone dies without a will, they are said to have died “ intestate .”  Indiana has a set of laws that controls what happens to someone’s estate, called “intestacy statutes.” The primary statute that governs intestate succession is Indiana Code § 29-1-2-1 (the “intestacy statute”). The intestacy statute has a lot of variability and nuance, so the following is not a definitive explanation of what may happen in your situation. That said, here are some examples of what might happen if someone dies intestate.   If someone dies with a spouse, no children, but surviving parents  >  Their spouse gets 3/4 of the estate and their parents get the remaining 1/4 of the estate.   If someone dies without a spouse, children, or siblings, but they have surviving parents   >  Their parents inherit everything.   If someone dies without a spouse or children, but they have two parents and three siblings  >  Their parents would each g...