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I have concerns for my aunt in Indiana. Her husband of 15 years recently passed away. She dated him for 8 years before they got married and he was divorced for 3 years before they met. He has 3 adult children.
He had insisted on a prenup. His schedule A listed the house that he lived in (and she moved into after their marriage), sporting equipment, a truck, odds and ends (she's not concerned over these things.) They sold the house listed in the prenup 3years ago and bought a house that they lived in and she is currently still living in. He sold the truck listed in the prenup and bought another truck that he put in his and his son's name. After the sell of the house listed in the prenup. he put $56,000 in a CD for his son with his and his son's name on it. He was retired and my aunt continued working until around the time when they moved to their new home. He was becoming too ill and she felt she needed to be there with him all the time. She didn't realize that he put about double that money in a CD with only his and his son's name on it. When they bought the house he insisted his son's name be on the deed as well. (He was trying to not have her name on it, but the title company told him that was illegal.)
I know he's an S.O.B. and that she should've protected her interests better. She is living in a house titled in her name and his son's name. He had a will made out that said everything listed in the prenup went to the son. His son's attorney is saying he's not agreeing to her living there until she dies and then taking possession. Her attorney that went to the "reading of the will" with her just dropped her and told her to get a different type of attorney. I am across country from her. Is there anything about possession of a house in Indiana with your name on the title that will protect her from having to move, pay his son half of the appraised value, or bar him from the premises? What kind of attorney should she really have and how in the world do you find someone you can trust?