Legal Question in Wills and Trusts in Indiana
Life after Death
My ex-husband made a will after our divorce and recently died of a heart attack. He made me executor and left everything to me. I received his life insurance and my name was left on the deed to the property along with his. I do not have the original will, but I do have a copy. I called the lawyer that assisted in writing his will and he claims that he can not represent me. I do not live in the area and I don't know what to do. If this lawyer has the original will, shouldn't he be the one to probate the will. Another lawyer that I spoke with says that the will doesn't need to be probated??? That because I don't have the original copy, what I have doesn't amount to anything. I am totally confused. My ex has a son that was mentioned in the will, but left nothing. It is my understanding that everything but my half of the house, will go to him. HELP!
1 Answer from Attorneys
Re: Life after Death
If the will was written after the divorce was finalized, and was not changed, then it is a valid will - whether you have the original or someone else has it. If the attorney who wrote the will does not wish to handle the probate, then you need to find another one who will (obviously the one you called was not the right one to call).
If the divorce decree divided the real estate between you, even thou your name was not taken off the deed (that is you did not sign a quitclaim), you do not automatically inherit his half or the whole thing. I am not supposed to answer your question by saying please call me, but you do need to find a lawyer competent to handle probate, because if the will was not changed, then you do inherit under the will and you do need to have the will proved or probated or the children of your former spouse inherit.
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