Legal Question in Wills and Trusts in Indiana

Re: Living Wills

I assume by "living will" you mean a trust that your father could revoke during his lifetime. If you father did revoke the trust, then everything will have to be probated, no matter what the trust said. If he did not revoke the trust, then the assets that were part of the trust should be distributed according to the trust instructions.

Lawyers are not usually "in charge" of a trust; there should have been a trustee. The trustee is the person who will control the proper distribution according to trust instructions. The trustee usually hires a lawyer to assist with the legal questions.

http://www.in.gov/judiciary/agencies/dis.html

This is the link for making a complaint about unfair or questionable practices by an attorney.

But first, ask the attorney to see a copy of the trust document, copies of the estate papers, if an estate was opened, and especially copies of the inventory and accounting.

An executor can be nominated by any interested person, but the heirs and beneficiaries can object. Contact a local attorney to help you through this. Your county p\bar association probably has a referral service. Good luck.