Legal Question in Wills and Trusts in Indiana

My step mother passed away last spring and my father has dementia. Both my step mother's and my father's wills left everything to each other or if both were to have died the estate would have been divided equally between myself and my step brother. My attorney has said everything will transfer to my father. However, if he passes without making a new will, will his current will be valid and leave the estate equally to myself and my stepbrother?

A: If he was competent when he made it, his later incompetence doesn't affect anything.

(My father would not be competant to draft a new will.) I am handling my father's finances as a power of attorney. If my father lives another 5 years will I be responsible for providing my step brother an account of all expenses from the last five years?

A: Yes, as an attorney in fact you always have to be prepared to account for the money that has come into your possession.

My father has a home and about a $400,000 in stocks/bonds/annuities. My step brother was never around much and never helped with his mother or my father.

A: While frustrating, his involvement or lack thereof is not relevant to these issues.