Legal Question in Wills and Trusts in Indiana
Inheritance laws - revocable living trust
Father died in 1995 had will leaving everthing to step-mother. (they were married 30 plus years) If she passed away with him all was to be divided between myself and 2 step-daughters equally. One of step-mothers daughters had step-mother make revocable living trust omitting me from most of assets. (stepmother passed away 1/2000) Father inherited farm from his mother, value $500,000. Farm is for sale, I will receive 1/3 upon sale. Are there any inheritance laws that I can prevent step-sisters from receiving any money from sale of farm since it was my fathers inheritance and i was omitted from almost all other assets they had together? Also I have not yet received all that I was to get upon her death. (small amount of money)
2 Answers from Attorneys
Re: Inheritance laws - revocable living trust
Your fact pattern presents many interesting issues. It would be my suggestion to contact local counsel to examine the situation as there may be other relevant facts which you have not stated.
Re: Inheritance laws - revocable living trust
Unless you can prove your father and step-mother had a contractual agreement as to the disposition of their joint estate upon the death of the survivor, then the desires of the survivor are controling, regardless of the manner in which the parties acquired their estate. Another option might be to show that the step-mother was unduly influenced by her daughter so that the trust was invalid, but unless her will left you a 1/3 of the estate, this would not be practical. You should contact the executor of her estate or the executor's attorney to determine why you have not yet received your bequest.
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