Legal Question in Wills and Trusts in Indiana

Re: Rights to Legal Documents

Assuming your father was a resident of Indiana when he died, then you as one of his children would be entitled to see the will and any other pertinent documents. Your brother's power of attorney is now void, since the death of your father. Any provisions made in the will, bank accounts, insurance policies, etc., which favor your brother while he had a power of attorney will be presumed under Indiana law to be made while your father was unduly influenced, and could be voidable. So, if an estate has been opened, send a written message to the attorney for the estate requesting the will, a copy of the brother's power of attorney so you can see when it was effective, and copies of all insurance documents. If there is no timely response, contact an attorney with experience in probate litigation. Your local county bar association may be able to make a referral. Good luck.