Modified Will in Question

[Brandii]

What is the name of your state?undefinedWhat is the name of your state? Indiana

My father passed away seven months ago. Prior to his death, he was diligent in making sure that his will, trusts, and estate matters were in place.
In his will, he designated that my sisters and I would each receive a substantial amount of funds in the case of his (or my mothers) death - a first to die clause. Now this is what's bothering me - he had an emergency surgery on a Saturday morning scheduled at 8 o 'clock that morning. It was for a leg amputation (diabetes).
I have recently found a document from my mothers lawyer stating that his will had been modified - it now states that these funds will go to my mother.
But this document was signed by my father, and "notorized" on the exact day that he had his surgery. He was not cognizant post surgery - not to sign this kind of a legal document! My sisters and I have never been shown a copy of his will as of this time. This just doesn't seem legitimate to me?? It doesn't seem right to me that he would wait until the very last minute - literally - to change his will. Everything else was in order months before. I would be so appreciative of any advice out there.

 

[BelizeBreeze]

And what did your attorney tell you when you asked him/her to contact the wife's attorney?

 

[Brandii]

No lawyer yet...

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We haven't (or I) haven't contacted an attorney yet. I just recently found this modification to our fathers will. I did attempt to speak with our mothers attorney, but he would not speak with me. He told me outright that he represents our mother. This attorney has always been "the family" attorney, but I guess that I was stepping into a red zone.

 

[BelizeBreeze]

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We haven't (or I) haven't contacted an attorney yet. I just recently found this modification to our fathers will. I did attempt to speak with our mothers attorney, but he would not speak with me. He told me outright that he represents our mother. This attorney has always been "the family" attorney, but I guess that I was stepping into a red zone.

Then I guess you know what you need to do don't you?

There is a bit of light however and I'm surprised that the 'mother's' attorney isn't trying to appease you because of it.

A pretermitted heir is the child of a person who has written a will in which the child is not mentioned and not left anything. After the death of the parent, a pretermitted heir has the right to demand the share he/she would have received as an heir under the laws of distribution and descent. The law aims to protect these “left-out” children by giving them a forced share of the estate under certain circumstances. This right is based on the presumption that the parent either inadvertently forgot the child or incorrectly believed the child was dead, and did not mean to leave him/her out.

I suggest you read the Indiana Code, specifically Title 29.

 

[Dandy Don]

Was the will modified or does the modification consist only of the notarized document?

Normally the will is filed for probate (within 30 days after the death) at the county courthouse probate court. Check there to see if it has been filed--if it is there, you can request a copy of it.

Sounds like mom asked the attorney to modify the will and then she proceeded to get her husband's signature on it, or maybe it was forged. If he signed it, it was probably under duress and the medical records will probably show what medications he was taking that may have influenced his judgement. Does it even have any witnesses, as it is supposed to--if so, how many witnesses signed? Either way, these are suspicious circumstances and you need to take a copy of the will to a probate attorney to have him evaluate it and I'll bet you have strong grounds to contest it. Would this attorney have the previous original signed will or has mom destroyed that by now?

I'll bet mom is so scared that she is withholding filing the will because she is afraid of being found out. So your attorney should be deciding whether he is going to file to become executor and pretend that it is an intestate estate (meaning without the will) so that kids can get a share, and see whether that will force mom to produce the will for probating or not.

The modification is going to be practically worthless and will end up only showing mom's evil intent. Fight for your rights and then send me a nice fee when you get your money!!

DANDY DON IN OKLAHOMA ([email protected])

 

[Brandii]

Thank you for your support!

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Thank you so much for your replies and help. I now realize what I need to do, but I just needed to hear from others that my sisters and I weren't just feeling unjustified mistrust. These funds are well into the 6-figures and our mother has been spending it well so far.
Thanks bunches!