Legal Question in Wills and Trusts in Indiana
If a will states that one daughter, who is in hospice in a nursing home, is not to receive a share of the estate, can a judge override the will?
Asked on 11/04/12, 10:35 pm
2 Answers from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
Not just because he thinks it unfair. Statutory grounds of fraud, duress, etc, would have to be proven by the sister.
Answered on 11/05/12, 9:59 am
Voyle A. Glover
Attorney at Law
A judge could do that, but only if there was a hearing at which evidence was produced that showed that the will was made under circumstances that were shown to be clear violations of laws related to wills. Making a Last Will and Testament is a very formal process and strict rules and procedures must be followed. Since I do not know what happened (if anything) in the court, it is difficult to say that the judge can or cannot override the will.
Answered on 11/05/12, 9:54 pm