Legal Question in Wills and Trusts in Indiana

Sister takes it all!

My sister moved into our Mother's new home and took care of her for her last years. Without telling the other 7 sibblings she and her husband had Mother change her will to leave her everything. She was also the POA. We wanted to see the accounting of Mother's estate because my sister said our Mother had nothing left. (We got a Lawyer) Indiana law states (Code 30-5-6-4) because we are not named in the will we have no right to see the accounts. We believe there was a gross misapappropriation of funds and undue influence over Mother to cause her to change her will to just one child. Is this correct? Our sister got the best lawyer 2 years before our Mother dies and changes everything and goes through her life savings and takes out mortgages left and right all while being the ''Little church lady'' and we can not do a thing?


Asked on 12/22/08, 5:56 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Sister takes it all!

First, your citation to the Indiana Code is to the attorney in fact statute. Which may have confused you as much as it did me.

You say you got a lawyer, then you use them. If she used undue influence there is a process for dealing with that. If she misused her powers as an attorney-in-fact, then there is a process for dealing with that.

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Answered on 12/23/08, 9:44 am


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