Legal Question in Wills and Trusts in Indiana
My mom is the executor of my grandma's will. The will states I get the house and everything inside unless my grandma added an itemized addendum of items to be given to others. She hasn't and she's ill. I'm unsure if she will recover. I'm currently across the country working. My mom is planning on taking items if my grandma passed. I told her that she can't even take a spoon. I found out that mom and brother wiped out the 60k savings my grandma had and I figured that was going to pay her debts. So I might have to sell things to settle. What can I do? What are the laws/penalties for executor theft? I did send her and the lawyer a letter stating I won't tolerate any removal. I'm not into drama and fighting but I'm also not going to be stolen from. Any advice or laws to advise me? Indiana will
1 Answer from Attorneys
If your grandmother is still alive, the will is a meaningless document; it has no significance until your grandmother dies. If your mother has stolen money from your grandmother, it is theft. What does your grandmother say about it? The things you complain about are problems for grandma at this point, not you. If she is unable to communicate or take care of her own matters, you may need to seek a guardianship for her, and then the guardian can pursue the alleged theft.