Mutual & Reciprocal Wills

[Choo]

My mother and her husband had mutual & reciprocal wills each mirroring the intent of the other. Upon one's death the entire estate would pass to the surviving spouse if alive. If not, then the estate would pass on to the children from previous marriages. My mother died and her husband received everything. It was our mother's belief that when he would die his will would reflect her's, thus now having everything pass on the the children since she was already deceased. However, he immediately made a new will and excluded my sister and me and instead leaving everything to his own "blood" kids. This is not my mother's wishes as she would not want us to be disinherited. This is in the state of Indiana. I thought that mutual wills are a binding contract and cannot be altered, but an attorney here said no. Any ideas or thoughts?

 

[Blue Eagle]

Too Much For The Attorneys

Your question mirrors mine, but is apparent that no attorney is willing to issue a comment regarding our mutual problem. You might look into:

Pruss v. Pruss, 514 N.W,2d 335 (1994).

If I can find the whole case cite, I will let you know. A Mutual & Reciprocal Will is a contract and should be defended or challenged as such.

Good luck!!

 

[ALawyer]

Guys -- the law on mutual and reciprocal wills, and their binding impact, varies from state to state. Often the exact terms of the will or a related contract govern. An out of state lawyer can't reasonably answer that with respect to your state's law or the circumstances surrounding its preparation. That's one reason many lawyers HATE mutual and reciprocal and joint wills.

 

[Blue Eagle]

Thank you for your reply, however, as much as you in the law profession hate these types of wills, for those that are directly affected, they are far worse.

Can you at least help us with the cite: Pruss v. Pruss,514 N.W.2d 335 (1994)?

Perhaps you could respond to my post on 1/19/02. Any help would be more than I've gotten so far!