Legal Question in Real Estate Law in Indiana

Re: Joint tenants

As a matter of property law, the surviving joint tenant has complete legal title to property. There could be some equitable exceptions. If, for instance, the joint tenancy was created by fraud or undue influence, then a civil action to rescind the transaction could succeed. In Indiana, in certain circumstances if a person who held the decedent's power of attorney receives an interest in property, such as a joint tenancy, from the decedent, then it is presumed the transaction was fraudulent. Equitable claims like that are very fact sensitive, and you should gather as much information as possible (including copies of all recorded documents like deeds and mortgages) and see a local attorney experienced in probate and property law. Good luck.