Legal Question in Wills and Trusts in Indiana

Verbal Wills vs. Written wills

My step-father is dying of lung cancer and has left in a written will everything to my mother. Everything they have is in both of their names, the house, car and bank accounts. He has 3 children from a previous marriage,and none together, that have just recently regained contact with him, after finding out he is dying, after 20 years. His daughter visited him and he verbally told her that he wanted her to have the house but she has to let my mom live there until she dies. My mom doesn't want to live with her, and she was wanting to sell it because it is in a rough neighborhood and it's getting hard for her to deal with. Is this legal? Can his daughter claim his half of the house?


Asked on 7/19/02, 7:14 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Verbal Wills vs. Written wills

Any property your mother and her husband own as joint tenants with rights of survivorship or as tenants by the entireties is protected from the claim of any other person when the first of the two of them dies. A will cannot change the disposition of jointly owned property. A will only affects what is called probate property - that is property in one person's name alone. Jointly owned property passes by operation of law at death outside of the dictates of a will or the laws of intestate succession. Once your mother is widowed, she is free to deal with the property as she sees fit.

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Answered on 7/20/02, 12:20 pm


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