Can a will be ignored?

[MarieK]

My sister lives in Indiana. Since her daughter (now 17 yrs old) was very small, my sister has been married to a man who is not the biological father of her daughter. However, her daughter has enver been told this. Now, the biological father of her daughter has died, leaving this child as his only heir. My sister does not want to tell her daughter about this man - will she be forced to because of the deceased's will? (The will required a DNA test for proof). Will any of this change when my niece reaches the age of 18?

MarieK

 

[advisor10]

10-16-2001

DEAR MARIEK:

Maybe your sister has her own personal reason for not wanting the daughter to know about this man, but how is your sister going to explain the sudden availability of the money and/or property from the deceased father? It would be very traumatic and upsetting for the daughter to find out from someone outside the family about this man. Your sister would be wise to go ahead and inform her daughter about this man, even though he may not have been a good person, etc.

The daughter will eventually know about this man when she has to sign any documents relating to her claim of the estate.

How much is the estate worth? Is the money going to be paid by check to the daughter or is it being held in trust for her by a guardian or by the executor? Does the daughter know yet that she is a beneficiary of this man's estate?

You should find out what is the legal age of adulthood for Indiana, because it is at this age that the daughter will legally be able to get access to the money/property. Do you want her to get access to this money then--would she spend it or save it wisely, or would she go on a foolish spending spree and dwindle the funds down to nothing? Someone should be advising her on how to invest this money--save it for college, or perhaps for purchasing a future home when she marries, or investing it, etc.

SINCERELY,

[email protected]