Legal Question in Wills and Trusts in Indiana

opening a will before death is it still valid

my mom opened her first will to see who was her executor was . she then changed her will.from my aunt to my sister. she did this while in the hospital of sound mind does her opening it make it void .my aunt is contesting it saying she wasn't of sound mind.

Asked on 11/29/08, 12:49 pm

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: opening a will before death is it still valid

A Will has no operative effect until the death of the maker of the Will. Reading it before hand, does not invalidate the Will, in fact, I encourage all of my clients to read their Will at least once every year to see if any changes need to be made. Changing the executor and no other provision, would seem to me to be a thoughtful act by the maker of the Will. I doubt that a challenge will be successful without you giving me any other facts to determine otherwise.

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Answered on 11/29/08, 8:17 pm
C. David DuMond Law Offices of David DuMond

Re: opening a will before death is it still valid

In Indiana, a person may review her will whenever she wants. However, as to the appointment of an executor: that serves as a nomination, only; meaning, the court is not required to appoint the named executor. The probate court will probably appoint a third person to be the personal representative (executor) in the event of a dispute between your aunt and your sister. For sure, the appointment of a different executor is not in and of itself void. But why is anyone fussing about this now? Is your mother already dead? Is there anything you can do to help your sister and aunt make peace, to keep things tranquil for your mother? If there is going to be a probate contest, then your sister should confer with a local attorney experienced in probate law. Good luck.

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Answered on 11/29/08, 9:52 pm

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