Legal Question in Wills and Trusts in Indiana

Re: Attorney who is benefactor in Aunt's will

The issue is who prepared the will. If the will was not prepared by the attorney who is a beneficiary, and there is a reason the attorney is included in the will, the situation you describe is legal. In most situations, an attorney cannot ethically prepare a will where the attorney or other close family members of the attorney are beneficiaries.

Re: Attorney who is benefactor in Aunt's will

It is legal, in the sense that it is not unlawful, for an attorney who is a beneficiary under a will to represent the administrator. However, if any interested person, such as an heir or beneficiary, objects to the appointment of either person as attorney or administrator, or alleges that the person had undue influence over your aunt, the probate court will probably appoint a new administrator, possibly an attorney-administrator. Make your objection in writing and send it to the probate court. Confer with a lawyer before doing so. This may very well cause the estate extra expenses and reduce the overall amount available for distribution to heirs.