Legal Question in Wills and Trusts in Indiana

My grandfather passed away in Ohio. When he wrote the will he had two children, 4 grandchildren (all living). My grandfather and his son got angry at each other and did not speak for 4 years (until the day before his son's death). My grandfather listed his children in the will, but left everything to his daughter--stating specifically that "if I do not leave property to one or more of my children whom I have identifies above, my failure to do so is intentional." Everything was left to his daughter, and her two children if she did not survive. In going to have the deed transferred to my grandfather to my mother, the clerk said that my deceased uncle's two children needed to be given notice of probate of will. If their father was disinherited, wouldn't they also be considered disinherited?

Asked on 7/12/13, 10:42 pm

3 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Have to know where he died and whether the will was probated, as well as what else it said. Take it to a lawyer and get these questions answered.

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Answered on 7/14/13, 12:49 pm

Kenneth Wilk Rubino Ruman Crosmer & Polen

If their father was disinherited, the children are as well. Therefore, if they're not heirs, they probably don't need to receive notice of the probate of the will. However, a question exists under your face situation as to whether Indiana or Ohio law applies and what state's rules govern this case.

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Answered on 7/14/13, 4:30 pm

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