Charles S. Hewins

Q. Must I pay for a new will if I only want to change executors?

June 24, 2024

A: Good news! The answer is no, you do not have to pay for a new will. Indiana law allows for the use of something called a Codicil which makes changing certain details about a will simple and easy.

You will still want to do this with an attorney’s assistance, because there are specific rules about what makes a Codicil valid.

If you haven’t done it in the last 5 or 10 years, this would also be a great time to ask the attorney you meet with to review all of your estate planning documents to determine if other plans need to be made.

I’m glad you’re thinking about these things! It’s always important to periodically review your estate plan.

Q. How long do you have to transfer willed property into your name?

June 6, 2024

A: This is a very good question! However, a good answer requires more information and will be complicated no matter what. When you say they inherited this home, was it through an estate? Is there a deed in their names? If so, the deed would have very important and valuable information about what happens to that property if one of the two sisters die. As a result, it’s not yet possible to answer your question.

Furthermore, you make mention of a will. Usually, professionally prepared wills will give instructions for disposition of real property, and they won’t necessarily specifically identify the property in the will.

I’m sorry to hear about your mother, but if she (and probably
her sister too) works with a good estate planning lawyer, they can figure out how to allow for their brother’s continued occupancy while at the same time ensure the desired transfer of legal ownership. It may seem cliché, but attorney involvement is an absolute must here. I strongly suggest your mother and her sister contact an attorney in the county in which they live. Good luck!

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