Can family member demand items four years after mother’s estate was settled?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can family member demand items four years after mother’s estate was settled?
My step father says my mothers will left me the house but said nothing about the contents and they are his by right of survivorship. However, by verbal agreement, he let me keep the items I wanted and he took the rest. Can he change his mind 3 years plus after estate was settled and take whatever he wants? I say no because the contents were according to him not part of the will and should be mine since they have been in my possession for the last four years.
Asked on May 8, 2009 under Estate Planning, Indiana
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The first thing that jumps out at me here is the fact that your step father hasn't given you a copy of your late mother's will. I don't practice law in Indiana, but the state's probate law says that you have to have been given notice of the probate, by certified mail, so you should know where the court is. Even without the notice, you should be able to get a copy of the will, from the court in the county where the house is, for a small fee. You should also look for, and get a copy of, your step father's closing statement for the estate.
Under Indiana Code 29-1-7.5-7, any claim against you for property of the estate had to be filed no later than a year after that closing statement (or three years after your mother's death, but the deadline is whichever of the two possibilities is later).
I don't know why your step father is doing this, but it doesn't sound right to me. If he pushes this, you should see a lawyer who is experienced in wills and estates, and you can look for one here: http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.