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How can I stop sister from selling my dad’s condo? Lawsuit is filed, supervised estate.

This legal question related to wills in IndianapolisIndiana has been answered.

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Location: Indianapolis  |  Law type: wills
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Sister wrote codicil on her own. Gave her everything and my brother and I $10,000 each. Filed against because of undue influence. Her lawyer got an extension and in meantime put condo up for sale below market value. Can we stop her? 

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Legal Solution

The response provided below is specific to wills in the jurisdiction of Indianapolis. If the response is inadequate, please submit a detailed inquiry.

Challenging the Sale of Your Father's Condo in Indianapolis

Context and Core Concern

Your situation pertains to the potentially illegal sale of a condo, possibly prompted by undue influence in drafting a codicil that heavily favors your sister. Since the sale is happening below market value and during a lawsuit, it is imperative to act quickly.

Relevant Statutes and Regulations

Potential Solutions

  1. Immediate Legal Action: Seek a court injunction to prevent the sale of the condo. This would require proving the potential harm and impropriety of the sale.

  2. Challenge the Codicil: Since you've raised concerns about undue influence, if the codicil is found invalid, decisions based on it (like selling the condo) might also be invalidated.

  3. Mediation or Arbitration: Opt for arbitration and mediation attorneys to resolve the issue amicably without resorting to lengthy court procedures.

  4. Consult with a Probate Lawyer: Engage with probate lawyers in Indianapolis to understand the intricacies of the estate and how to protect your interests.

Estimated Legal Fees in Indianapolis

Service Average Cost
Initial consultation with a probate lawyer $250 - $500
Filing an injunction $1,500 - $3,000
Mediation or Arbitration $2,000 - $5,000
Full representation in a probate lawsuit $5,000 - $15,000
Expert testimony on real estate valuation $1,000 - $2,500

Note: Prices are indicative and may vary based on the complexity of the case and the lawyer's reputation.

Further Clarification and Action

To fully comprehend your legal standing and devise a comprehensive strategy, it would be beneficial to consult a legal expert. I recommend you find the right lawyer specializing in probate law in Indianapolis. Additionally, ask a free legal question to gain more insights.

Key Questions for Your Situation

  1. Validity of the Codicil: Was the codicil signed with the required witnesses present? Were they aware of its content?

  2. Evidence of Undue Influence: Do you have concrete evidence or testimony to support the claim of undue influence?

  3. Awareness of Current Lawsuit: Is the potential buyer aware of the ongoing lawsuit? If not, informing them might deter the purchase.

Frequently Asked Questions

How can I prove undue influence?

To prove undue influence, you'd need evidence showing that the individual was coerced or manipulated into making decisions that they wouldn't ordinarily make.

Can a property under litigation be sold?

Typically, properties under litigation have a cloud on their title, making them harder to sell. However, it's not impossible. If sold, the buyer may inherit the legal disputes.

What's the difference between a will and a codicil?

A will is a legal document that states an individual's wishes regarding the distribution of their assets after death. A codicil is an amendment or addition to an existing will.

How long does a probate case typically last?

The duration of a probate case can vary. Simple cases can conclude within a few months, while contested ones can last several years.

If the codicil is invalidated, what happens to the original will?

If the codicil is invalidated, the provisions of the original will (before the codicil was added) typically stand unless it's proven invalid as well.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How can I stop sister from selling my dad’s condo? Lawsuit is filed, supervised estate." has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Indianapolis & area of law: wills.
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