Legal Question in Wills and Trusts in Indiana

Estate distribution

My father died last October. My step mother is finally getting around to opening his estate. I know who her attorney is, and he will not keep me updated. Is there any legal way for me to keep updated without getting an attorney? Also, is there a statute of limitations when it comes to opening an estate? Someone told me I have one year? Is there any reason she may be stalling? The process just seems painfully slow.


Asked on 6/28/09, 8:36 am

2 Answers from Attorneys
William Nesmith Dunlap & Nesmith, LLC

Re: Estate distribution

Is this an Indiana question or a Texas question? I will assume you are in Indiana. I have no knowledge of the law of Texas.

As an heir at law, you have the right to notice of the opening of the probate estate. If one has not been opened, go to a lawyer and get it done.

If one HAS been opened, go to a lawyer and make sure your rights are protected if you stepmother is not doing that. I doubt if you would be able to read the will and the Indiana Code and know if you are being treated properly, so you need a lawyer.

So--yes, you have some rights as an heir at law, and yes, see an attorney. Now.

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Answered on 6/28/09, 4:25 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Estate distribution

You can view the file at any time at the probate clerk's office. The attorney is her attorney and not yours - he or she doesn't have a duty to keep you posted. There is no statute of limitations to open an estate. Any one with an interest can open...including you. There may very well be a reason she is stalling, and you may want to hire your own attorney to protect your interests.

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Answered on 6/28/09, 9:33 am


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