Full question:
a person originally named me a beneficary in his will, I was to inherit his home. He was concerned about death taxes, probate, ect and then made a trust with his daughter the trustee. I am now getting the run around and it is being implied that I may not get the house. is this legal? do I have any recourse?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Indiana
Answer:
The outcome depends on various factors, such as whether the will was properly revoked or amended. A valid will must be executed while the person has legal capacity, meaning they understand the nature of making a will and know their assets and beneficiaries. If a will is contested, it may be challenged on grounds such as improper execution, lack of mental capacity, fraud, undue influence, or forgery. If a contest is successful, the entire will may be invalidated, leading to distribution as if there were no will, potentially using an earlier valid will if applicable under state law.
Challenges to a will are common, but winning one can be difficult and costly. To contest a will, you must have legal standing, typically as a named beneficiary or someone who should have been included based on your relationship to the deceased.
Bequests in a will can generally be revoked by the testator. However, if there was a contract to leave you the house in exchange for services or other value, that may be enforceable. I recommend consulting a local attorney to review your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.