Legal Question in Wills and Trusts in Indiana

Wills and Estates

My husband had a will made before we got married and had kids, he willed everything to his mom. I was wondering what I can do to fight the will.She has auctioned everything except for the two trucks we have and she has left them at my house she allows me to drive the one but says I cannot drive the other.They are both in his name and are paid for also I have insurance on both of them.Is it okay if I drive both?I have his two kids to take care of.There is an estate.What are the laws of Indiana on will, when you have a wife and two kids left behind?


Asked on 9/20/04, 11:55 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Wills and Estates

A surviving spouse with children can elect to take against the will. She would be entitled to half the estate, plus a spousal allowance of $25000. The spousal allowance takes priority, meaning it comes off the top, before other distributions. http://www.in.gov/legislative/ic/code/title29/ar1/ch3.html

http://www.in.gov/legislative/ic/code/title29/ar1/ch4.html

You should confer with a local attorney who is experienced in probate law to enforce your rights. Call your county bar association for a referral if you do not know anyone. Good luck.

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Answered on 9/21/04, 6:51 am


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