Legal Question in Wills and Trusts in Indiana

Will after divorce

My husband and I was married for 21 years. We divorced in 1994, he was retired and his pension small so I left everything as was at the house. The divorce stated that everything left belonged to him and everything that was mine, I was taking. My name is on the deed to the house. My ex, after the divorce, went to the same attorney that handled the divorce and made a will. It stated that everything belonging to him at time of death would go to me and anything that was mine would go to him. His sons were mentioned in the will, however left nothing. He kept the original and gave me a copy. The attorney has the will in his posession. I have been paying all expenses on the house since my ex-husband passed. I live in another city and the son went into the house and took the original will from the house. He has spoken with an attorney and I hear that the will is now, NOT VALID. I called the attorney that wrote the will and he said the son was in to see him, with the will in hand. Because the attorney wrote the will for my ex, he says that he can only testify, he can not represent either the son or me. Can you advise me what I should do?


Asked on 2/28/02, 12:34 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Will after divorce

As soon as possible, consult with an attorney, in person. If your ex-husband made a will after you were divorced which left things to you, then that will is not invalid just because you were divorced. If you wait too long after your ex-husband's death to probate the will, then the will could be invalid because of that. It could be invalid if he was otherwise crazy. It does sound strange that he would make a will that provides for the disposition of your property. There is an old equitable maxim: equity (which could include probate court) will not assist one who sits on his (or her) hands. So, get a move on.

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Answered on 2/28/02, 1:47 pm


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