Chicago, IL asked in Family Law and Elder Law for Indiana

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

My mother is still living. The court to petition is in Bedford, Indiana.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Elder Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated executor, which usually requires wrongdoing on the executor's part.

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