San Tan Valley, AZ asked in Real Estate Law and Probate for Indiana

Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before his death. What rights would I have if anything?

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T. Augustus Claus
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A: In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no other children and his will predates the establishment of your relationship, you might be considered an omitted child. Indiana law may provide for you to receive a share of your father's estate as if he had died intestate (without a will), especially since you were acknowledged as his child and he had no other descendants. However, this can be a complex legal issue, and the outcome could depend on various factors, including the specific language of the will, evidence of your father's intent, and the laws governing wills and estates in Indiana.

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