Legal Question in Wills and Trusts in Indiana
Legal Heirs
My uncle recently died, leaving only 3 neices and 1 nephew as heirs. He named two nieces in his will, leaving one niece and his nephew completely out. Do I (as his nephew) have any legal recource to inherit part of his estate? There were no other heirs.
1 Answer from Attorneys
Re: Legal Heirs
If the will your uncle made turns out to be invalid for some reason, then the estate would go by "intestate succession." So your uncle's brothers and sisters would share equally, and if they are already dead then the children of each brother and sister would share their parent's share. But if the will was valid, then only the beneficiaries named in the will would benefit from the estate. (Exception: if you and the other niece were born after the will was made, then you might get to benefit after all.) So, ask for a copy of the will. If they are probating the estate in Indiana, you can go to the courthouse and ask the clerk for a copy of the probate file and make a copy of the will. Ask a lawyer who practices in that court to review the will and advise you in the matter. Good luck.