Legal Question in Wills and Trusts in Indiana
parents will
My parents wrote their will in 1978, and in it they state the following:
Article # 3.
''We hereby specifically state that it is our intention to leave nothing to our son, Michael Degani.'' The will was signed, wittnessed.
My mother died in 1999, and my father just passed away in January.
My brother claimed for years that if he wasn't in the will, he would fight it.
My other brother, sister and myself want to honor our parents requests, do we have to worry about our brother's threats?
2 Answers from Attorneys
Re: parents will
If the will is validly executed, and if it is offered for probate within three years of your father's death and your parent's property was jointly owned so that everything went to your father without probate, then your brother has no case. If your mother had property that needed to be probated, then your brother will get a share of that property, since in Indiana a will is invalid if not offered for probate within three years of the decedent's death. So, get yourself to a law office, and good luck.
Re: parents will
He could file but being successful is a different thing. You need to get to a lawyer and get the Will into probate.
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