Legal Question in Wills and Trusts in Indiana
Concerning my Mother's Will
I need to know if I can ask for a copy of my Mother's will being that my younger brother is the executor. Also he has stated that I am to receive her personal items or property and I need to know the legal definition concerning personal items or property. He also says it may not be necessary to go through probate. He has already taken some items from the home. I am trying to be fair concerning all three of us children. I live in Wisconsin and he and my Mother and other brother all live in Indiana. I need some help. Thankyou.
2 Answers from Attorneys
Re: Concerning my Mother's Will
Generally, all states' laws require beneficiaries be given copies of a decedent's will. You should get it.
Re: Concerning my Mother's Will
Yes, you are entitled to a copy of your mother's will. Ask your brother to send it to you. The terms of the will could specify what items are "personal" property, but if the will does not define personal property, it means everything which is not real estate - land, fixed buildings and the fixtures to buildings. Everything else, including cash, bank accounts, securities, jewels, livestock, vehicles -- everything -- is personalty. Probate may not be required, but he limits for no-probate estates in Indiana are very low compared to other states. But first, get a copy of the will; and get a list of assets; you are entitled to both. Then you will be able to evaluate the situation. Good luck.
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