Legal Question in Wills and Trusts in Indiana

Wills-Estate transfers

My husband's Mother passed away last week. He had been named executor of the will 4 years ago. My husband's oldest sister was named ''power of attorney'' due to the poor health of the Mother (Diagnosed with Dementia). The same sister had a stroke in Sept. 07 and ''passed'' the POA to her daughter. After the funeral my husband was told he no longer Executor for his Mother. The sister said she had been made executor and POA and had been named soul heir of everything. The Deed was changed in Nov. 07 the will changed in 06--Well after the mother was diagnosed. After talking to an attorney we have been told nothing can be done. The deed has her and her husbands name on it and the will states she inherits everything. My question: what do we need to do to find out how the sister and her husband did this...and is it legal in Indiana? There are 8 other sibblings that do not believe any of this.


Asked on 4/27/08, 3:52 pm

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

Re: Wills-Estate transfers

Indiana law provides that any transaction between your mother and her attorney in fact, or any other person with a "confidential relationship," is presumed to be fraudulent, and can be set aside unless the POA attorney in fact can prove by clear and convincing evidence that the transaction was not fraudulent. That's the first thing. Then, there is the whole matter of your mother's "legal capacity" to make any changes in her will. So, if the niece or sister still have the property or if they have other valuable assets, something probably can be done about these wrongful transactions. You and the other members of your family should consider opening an estate and challenging the will and claiming all your mother's property for the estate. Good luck.

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Answered on 4/27/08, 8:19 pm


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