Legal Question in Wills and Trusts in Indiana
Contesting a will.
My grandmother passed away in 02/2001. She divided the estate between her children including my father who had passed away in 11/1999.
The executor of the estate claims she left the estate to her 4 surviving children. I have a copy of the will filed at the county court house and it does not make this statement. My brothers and I feel that we are entitled to my father's portion of the estate. But we don't have the money to hire a lawyer. I consulted a lawyer & he cited 3 different statutes saying we're entitled. But we couldn't afford the retainer. Is there a time limit to contesting this dispersement?
The executor is also bonded for the estate.
1 Answer from Attorneys
Re: Contesting a will.
You need to do something within 5 months of the time the will was filed with the Court. You need to at least write a letter to the judge requesting that he make a determination of whether the will should be interpreted that you inherit by right of representation or whether only the children who survived the testatrix inherit under the will.
Your letter should explain that the testatrix's child who was your parent predeceased her.
Even without an attorney the judge should set the matter for a hearing.
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