Legal Question in Wills and Trusts in Indiana
Last Will and Testament
I found out that I might be listed on a will of a person that has recently deceased, but the executor (sister of the deceased) does not want to carry out the will as described. In addition, I do not have the complete name of the deceased and/or final address. Reportedly, due to the amount said to be left in my name, information has not been forthcoming. Note: prior to the person's recent death they tried to obtain my social security number to facilitate the process, but was unable to include it with the will; however, my address was provided. How do I obtain a copy of the will and who is responsible for overseeing the executor?
1 Answer from Attorneys
Re: Last Will and Testament
If the decedent's estate was worth more than $25,000, then the will must be probated in the county where the decedent resided at the time of death. The first place you can go to view the will is to the probate court (or court with probate authority) in the county of residence. If the estate has not yet been filed with the Court, you merely need to keep checking back. If you know the name of the attorney who wrote the will for the decedent, you might want to contact him directly and explain that you are a beneficiary under the will. If it appears that the estate has not been opened in the Court, that the personal representative will not provide you a copy of the will, and that you either do not know which lawyer wrote the will or he is unwilling to assist you, you can hire a local attorney to file a petition to compel the personal representative to deliver the will to the Court so that administration can take place. If the estate is worth less than $25,000, formal probate is not necessarily required under the law, but the personal representative or the person acting as the personal representative must still carry out the wishes of the decedent as expressed in the will. If you are unfamiliar with the county where the decedent died, call the bar association in that county for a referral.