Legal Question in Wills and Trusts in Indiana

My husband and his sister were in the wills of their uncle who died a while back and his wife, who recently died. The lawyer for the estate had power of atty. and now is the executor. While his aunt was alive the lawyer handled all her affairs but put her in a nursing home against my husband's wishes and his sister's wishes. Now this same lawyer who was in charge of their aunt's affairs because they live in another state has informed my husband that his aunt "changed her will". But his reason for putting her into a nursing home was that she had "dementia". At the funeral last week, the lawyer didn't say one word about the will, nor what was going to happen to the house she used to live in. The testator of the new will is probably her 86 year old brother who really does have dementia. This lawyer sounds real shady, but how do we get to the bottom of this whole thing? My husband's uncle left a nice inheritance to them or to his wife. She, in turn, left the same amounts in her will, including her brother. How can this lawyer tell them their uncle's wife was "demented" and that say she changed her will? The, how could he make her only brother the beneficiary and he has dementia in a nursing home, can't even walk?

Asked on 4/01/10, 10:01 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Excellent questions, and you certainly have something for a lawyer to investigate. I urge you to hire one to do so. This is too complicated a situation to try to deal with on your own.

Good luck.

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Answered on 4/07/10, 8:43 am
C. David DuMond Law Offices of David DuMond

Your need to hire a lawyer to review the situation. It sounds like you may have a valid reason to petition the probate court to remove the executor and challenge the will. Good luck.

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Answered on 4/08/10, 8:23 am

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