Legal Question in Wills and Trusts in Indiana

fathers residence in indiana, died in illinois

My father passed away in April 2006 after suffering from MS and Dementia. Prior to 1997, my father & I were not close. The will he had originally, dated 1995, stated that no provisions were made for me when he dies. However, since 1997, I have been in contact with my father and saw and spoke to him regulary because I had children. In 2005, while in a nursing home, a new will was drawn up. This will stated that my brother & I would each receive 10% of his assets, 5% would be in a trust for my children and the remaining 75% would go to my dad's brother-in-law. The brother-in law was also the Trustee to my childrens trust. My father had stated to several family members he was going to leave money to the grandchildren for their education. He did not tell us exactly the amount, but felt very strong about it. I do not believe the 5% was what he had in mind. I'm also questioningy why the brother-in-law would get the majority of his assets. The attorney who drew up the will is located in Illinois, but not licensed in Indiana. What state should the will be filed in and also, how can I find out who decided the allocation amounts in the will, since I feel that my father was under the influence of the medication he was taking.


Asked on 6/08/06, 1:14 am

1 Answer from Attorneys
Amy DeLaney DeLaney Law Offices, Ltd.

Re: fathers residence in indiana, died in illinois

Your factual scenario is very complex. It is possible that if you contest the most recent Will, the prior Will shall be controlling; however, without further legal case law research, I cannot tell you for sure. If that were the case, you would be likely in a better position to follow the terms of the most recent Will, as it did not disinherit you or your children. If case law indicates the laws of descent and distribution applies, and again, without additional research, I cannot provide you with an unequivocal answer, then your share potentially would be larger than under either Will.

Regardless, you should seek the assistance of legal counsel in Illinois immediately, as you have a very short period of time within which to contest the Will.

Read more
Answered on 6/13/06, 11:24 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Indiana