Protecting an Inheritance in Indiana When a Family Member Contests the Estate

Disclaimer: This is general information and not legal advice. I am not a lawyer. For specific legal guidance about your situation, consult a licensed Indiana probate attorney.

Detailed Answer — What to do if someone contests an inheritance under Indiana law

When a family member challenges an estate in Indiana, the dispute typically happens in probate court. The person contesting (the “contestant”) may argue that a will or trust is invalid because of lack of testamentary capacity, undue influence, improper execution, fraud, or mistake. If you are a beneficiary who wants to protect your inheritance, follow these steps.

1. Act quickly and confirm the current status

– Request and obtain a copy of the will or trust and any probate filings from the executor or the probate court. In Indiana, wills or petitions submitted to probate are filed with the county probate court and become part of the court record (see Indiana probate laws: Title 29: Probate, Wills, and Estates: https://iga.in.gov/legislative/laws/2024/ic/titles/29).
– If you received notice of the probate filing, read it carefully. Time matters; statutes and court rules set deadlines and procedures.

2. Preserve evidence

– Immediately collect and preserve any paper or electronic evidence that supports the validity of the will or trust: signed documents, emails, text messages, audio recordings (if legally obtained), photos, physician records, and witness contact information.
– Keep a detailed written timeline of interactions with the decedent and with the contestant. Record dates, locations, who was present, and what was said.

3. Communicate with the executor/trustee

– Contact the executor (or trustee if the inheritance is under a trust) to confirm whether they will defend the document. The executor or trustee has fiduciary duties to administer the estate or trust in beneficiaries’ best interests; if they refuse to defend, you may consider protecting your interests directly. Indiana statutes govern fiduciary duties and estate administration (see Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/29).

4. Consult a probate attorney promptly

– A probate attorney can explain your rights, evaluate the strength of the contest, advise whether to negotiate or litigate, and prepare the necessary filings. Probate litigation has technical procedures and strict deadlines. An experienced attorney helps preserve evidence, handle settlement talks, or file motions in probate court.

5. Understand common grounds to contest and how to defend against them

– Lack of testamentary capacity: The contestant claims the decedent lacked the mental ability to make a will. You can defend with medical records, testimony about the decedent’s mental state, and consistent testamentary planning.
– Undue influence: The contestant claims someone coerced the decedent. Defenses include documentation of independent advice, lack of suspicious circumstances, or contemporaneous evidence of the decedent’s free will.
– Improper execution: Wills must be signed and witnessed according to statute. A validly executed will is harder to overturn; check the signature and witness attestations. See Indiana probate laws for execution requirements: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

6. Consider alternatives to litigation

– Mediation or settlement: Many estate contests resolve through negotiation or mediation. These options save time and expense and preserve family relationships.
– Stipulations and limited challenges: Sometimes parties agree to limit issues to avoid full trial.

7. Be prepared for court if necessary

– If the dispute goes to trial in the Indiana probate court, expect document discovery, depositions, witness testimony, and possibly expert witnesses (medical or handwriting experts). The contestant bears the burden of proving invalidity. Your attorney will prepare defenses and file necessary motions and responses under Indiana probate procedure rules (see Indiana Probate Rules: https://www.in.gov/judiciary/rules/probate/).

8. Protect assets during litigation

– If you fear dissipation of estate assets, ask the court for interim protections—temporary restraining orders, orders preserving assets, or that the executor post a bond. Indiana probate law lets the court supervise estate administration and protect assets for creditors and beneficiaries (see Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/29).

9. Think about costs and likely timelines

– Probate contests can be expensive and time-consuming. Courts encourage prompt resolution, but broken family dynamics or complex evidence may prolong cases. Your attorney can estimate costs and advise whether the likely recovery justifies litigation.

10. Keep your own records and stay organized

– Maintain a secure folder (digital and/or physical) with wills, trust documents, beneficiary designations (life insurance, retirement accounts), property deeds, and correspondence about the estate. These documents often resolve disputes quickly.

Helpful Hints

Request documents in writing. A clear paper trail helps you and your attorney.
Do not confront or harass the contestant. Keep communication civil and document everything.
If you are an executor/trustee, follow fiduciary duties closely—proper accounting and notice—so you are less vulnerable to claims.
Ask for an inventory and accounting of the estate early to see what is at stake.
Consider mediation before trial; many courts encourage or require it for probate disputes.
Save medical records and pharmacy logs if capacity is contested; legal standards often turn on the decedent’s medical history around the time of the will or trust signing.
Keep copies of all beneficiary designations for insurance and retirement accounts—these often pass outside probate and may not be affected by a will challenge.
Act quickly—probate has deadlines and waiting too long may limit your options.

Relevant Indiana resources:

– Indiana Code, Title 29 (Probate, Wills, and Estates): https://iga.in.gov/legislative/laws/2024/ic/titles/29

– Indiana Rules of Probate Procedure: https://www.in.gov/judiciary/rules/probate/

Next step: collect the will/trust document and any related records and schedule a consultation with a probate attorney licensed in Indiana as soon as possible. Prompt, organized action gives you the best chance to protect your inheritance.