Legal Question in Wills and Trusts in Indiana
Trusts, wills, & estates
My stepfather passed away in Sept., he left a will and trusts, these state that my mother is to receive the interest monies from the trusts (which he purchased with the marital funds) however, the executor of the will is refuseing to pay my mother the interest monies and is demanding a financial statement from her and a monthly expense statement. I say this is not legal and my mother has an attorney however he seems to want to "go along" with the executor. What's the deal? Also, the trusts were purchased with marital funds and the heirs other than my mother, his children (by adoption) say that the monies are theirs. this involves at least 1/4 of a million. Also the executors are demanding that the condo my mother is living in (marital property in joint) be appraised, and they want to know what was left in the joint checking account, what assests my mother has, etc. I say this is illegal and not within the scope of the will or trust. What can she do?
1 Answer from Attorneys
Review the terms of the trust - then complain
You list two states in your question - where does mon live - where did dad die - could be important questions - Any property held in joint tenancy passes to the surviving joint tenant - the issue of marital v. non-marital property is irrelevant once dad dies - that's a divorce concept - not a probate concept - you should ask for copies of the trsut agreement - if it provides she gets the income - tehn her assets are irrelevant - if it provides she gets according to her needs then her assets may be relevant
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