Legal Question in Wills and Trusts in Indiana

Re: will

First, unless your mother wrote a will leaving her house to her neighbor, then your mother's children are the beneficiaries of the probate estate, including the house. Second, even if your mother did write a will leaving the house to the neighbor, it could be challenged on the basis that your mother was incompetent (not of sound mind) or under undue influence or fraud. These facts are all determined by evidence presented to a judge in a probate or other equitable proceeding. Mothers are often disappointed in their children, so the fact that she left things to a near neighbor, who maybe helped her during the last years of life, instead of leaving anything to distant relatives who left her to die, it not in itself very persuasive. You should speak with a lawyer located in the county of your mother's home. Good luck.

Re: will

There are a few questions here and I'll be answering them from Kentucky law. First, for a will to have legal effect, it should be should be probated.

KRS 394.130 requires that "No will shall be received in evidence until it has been allowed and admitted to record by a

District Court; and its probate before such court shall be conclusive, except as to the

jurisdiction of the court, until superseded, reversed or annulled."

Second, the requirments for being what you call "right and sane mind" is really quite a low standard (meaning it is easily met). Even with persons having known mental health issues, they are "sane" for purposes of a will if they:

1) have general knowledge of his or her property/assets

2) know the natural objects of their bounty (who their family consists of)

3) understands how he or she is distributing the property

4) can put these elements together and express their his or her desires about distributions.

If the witnesses to the signing of the will indicate the person appeared to be in their right mind then that is generally sufficient. If they named who their children are in the will, then the second element is usually satisfied. There are ways to challenge this, such as if there appears to be undue influence on the testator.

Finally, if the neighbor claims to have a will in his or her possession that gives them the house, then you can petition the district court in that county to have them produce this will under KRS 394.160.

Without knowing more details, these are the best answers I can provide. There are statutes of limitation on challenging wills and it would be best to consult an attorney directly to determine how they affect your concerns.

Re: will

You have many questions and need to contact a lawyer for further handling of these issues.