Legal Question in Wills and Trusts in Indiana

Step father passed 4-5-07 want to challenge will

My daddy(step-father) had raised me since I was 6 mo old, my mother and he divorced after 18yrs, but he was still my daddy for a total of 35 yrs. A few yrs after divorce, he meet a married woman had affair, changed his will saying that he didn't want my mom to get anything, but that his friend had special instructions to follow. Since his death, they wont speak to me or my aunt. Wont let aunt have house that had been in family for yrs, they offer to buy it, still no. They left us to pay for funeral, headstone and so forth. Wouldn't let me purchase his truck, I believe they used him, my mother cheated for 17yrs, dad lonely. My daddy and her hadnt spoken in 3 yrs. She wouldn't even see him on his death bed. With being step-child do I have any rights? They also made sure that all family members din't speak to one another at funeral by telling lies, assuming we might put 2 and 2 together which we have now. Plz help.


Asked on 5/29/07, 7:08 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Step father passed 4-5-07 want to challenge will

I am sorry for your loss. From your question, it is not clear that your stepfather had a will at the time of his death. But if he did have a will which named your mother as beneficiary, that part of the will would be invalid due to the divorce. If you want to challange the distribution of his estate, then you should consult a local attorney who is experienced in contested probate proceedings. If there is a new will, you are entitled to see it. But if an unadopted stepchild is not named in the will, then the stepchild has no right to inherit. Judging from what little I see in your question, you have a poor chance of recovery if you are not named in the will as a beneficiary. But you should take the time to consult with a local attorney in person. Good luck.

Read more
Answered on 5/29/07, 10:34 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Indiana