Legal Question in Wills and Trusts in Indiana
Contesting
My Mother wrote a will in 1993.She died in 2004. Unknown to me she wrote a new will in 2002 when she was 90 years old and senile.In the first will my sister and I equally shared the estate. In the new will my sister and her three children spilt the estate with my sister getting half and her three children spliting the other half.I got a bookcase which I already owned for three years.I believe my sister and her children talked her into this new will.
My question is what are my chances of sucessfully contesting this will and how expensive is this task?. The estate is $70,000 in cash. Is it worth my effort and monetary gain?
1 Answer from Attorneys
Re: Contesting
You should review all the facts you have about this situation with a local attorney who is experienced in contested probate proceedings. Ask your local bar association for a referral. If your claim is deemed reasonable, then there is a decent chance your attorney fees will be reimbursed out of the probate estate. But your attorney will probably want a substantial retainer, several thousands of dollars. A litigated case could easily cost more than twenty thousand dollars. But maybe the matter would settle before very much attorney time was involved. If the evidence is good that your mother was senile, then you will probably succeed. If the evidence further shows that sister was in a position of trust, your chances of success may be improved. Whatever the case, you must discuss this with an attorney, as soon as possible. Good luck.
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