Legal Question in Wills and Trusts in Indiana

info on trust and wills

I recently lost my father, and due to this, I am named in his will. However, my sister and I are not trustee's...our brother is and we both feel he is trying to push us out of the estate money completely, which is why I 'd like to know what exactly his powers are as trustee, and if he can legally withhold a copy of the will from us. I really could use any info on this subject.


Asked on 3/03/07, 5:06 pm

3 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: info on trust and wills

First, no one is a trustee unless there is a trust. A Will has a personal administrator. Worlds of difference which are more than just a technical difference. So since you mixed up the terms, I am not really sure what you have to deal with. If there is a Will, it ought to have been filed with the Marion County Probate Court, along with an inventory of the estate and there should be an attorney representing the estate. I would call the Probate Court and see if anything has been filed and if not find out why it has not. If you do not like the answer, get a copy of the Will and an attorney and file it yourself.

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Answered on 3/03/07, 5:51 pm
C. David DuMond Law Offices of David DuMond

Re: info on trust and wills

I'm sorry for your loss. Since you are using the term "Trustee", I wonder if your brother is supposed to administer your father's "Living Trust," along with his will. (A person who has a Living Trust usually has a backup will, with the same provisions for beneficiaries as the trust.) In the case of both the trust and the will, since you are a beneficiary and a child of the decedent, you are entitled to see a copy of the trust or will and you are entitled to information about the progress of administration. You and your sister should consult with a local attorney experienced in probate law. Good luck.

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Answered on 3/03/07, 8:43 pm
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: info on trust and wills

You should contact an attorney who can help determine your rights and make sure the Estate is handled properly.

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Answered on 3/05/07, 6:37 am


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