AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Question My father died 4 years ago. He had a will of his own when he remarried. After he married again they supposedly had a joint will and my sisiters and I were not in that will. After my father died I called his lawyer to recive a copy of the will, but said I could not have a copy since it was a joint will and his wife was still alive. His wife died last week and I was wondering if I am entitled to get a copy of the will now. I was also wondering what the law is in Indiana that states as to how long you have to contest a will once it goes to probate? Also if a will will go to probate if everything such as houses, insurance, mutual funds, IRA's, 401 K's, Bank Accounts etc are all POD's( paid on death? Thanks, Donna
Answer Lots of questions. You may or may not be entitled to see the will. If you are a beneficiary then you should get the will. If not there is other ways but the will will have to be probated. You must bring the action to contest the will at different periods depending on different facts. Basically, if the will has been submitted to probate then you should file your claim against the will within 90 days of getting notice. If there was some type fraud involved then you have one year after the termination of probate to bring the action. If all the accounts were joint name then no probate is probably necessary. The survivor on the account can just file a consent to transfer and promice to pay any taxes that may be due and collect the money. No probate is necessary. JDH
