Legal Question in Wills and Trusts in Indiana

YOUR WILL, YOUR DECISIONS

Primarily what you put in your will is your own private business. You cannot be compeled to disclose that information to anyone. Your spouse, your children, or anyone else, does not have the "right" to know what the terms of your will are prior to your death.

No one other than yourself should make the decision about what to put in your will. You consult an attorney so that your ultimate desires are made clear from the instrument. Your attorney will suggest certain clauses which ought to be included for ease of administration of your estate when the time comes, but as to disposition of your property, that is your decision and your decision alone.

Don't worry if you change your mind later. You are entitled to and entitled to make as many changes to your will as you desire, or to just throw the whole thing out and start over as often as you desire. That document is not enforceable and final until you die. Then it cannot be changed.

Unless you need a family member or friend to transport you to see the attonrey when you want to get your will done, you should go alone. Even if someone accompanies you, you should interview the lawyer alone. SEE HIM ALONE Do not bring others into your conference.

One of the requirements of a valid will is that you were not unduly influenced by another person, no matter who it is. Having any, some or all of the persons who you expect to inherit from you present can lead to difficulties later.

Once your will is written, it does not freeze or affect your ability to deal with your property during your life time. It does not prevent you from selling the home (that maybe you intended to go to XYZ in your will) or trading in your car, or moving your bank accounts.

The effect of the will is to operate on the property that happens to be left once a person dies. It is not to tie it up so that one cannot enjoy what one has during one's lifetime.

It makes no difference what child wants what momento - unless it makes a difference to you. Then you should clearly write out a list and provide that to your attorney. This is your decision, not that of your children at this point in time.