Legal Question in Wills and Trusts in Indiana
Grandmothers will
Grandmother passed may 03 uncle is the executor, he is not speaking to my brother and I, our father is deceased, no will has be filed with clerks office. We would like to find out if we are in the will or not, if not are we entitled to go after fathers share.
1 Answer from Attorneys
Re: Grandmothers will
You are entitled to know about your grandmother's will. So ask your uncle if he intends to "probate" it and who will be the attorney for the estate. If he doesn't respond, then you are entitled to petition for probate yourself. It is typical, but not required, that the share of a predeceased person, such as your father, will pass to the predeceased children. This is what happens in the event there is no will, and it is the usual provision in most wills. But your grandmother could have decided differently. So, you need to see the will. Take the matter up with a local attorney. Good luck.