Do You Live in a Community Property State?

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?

My parents had a Living Trust containing their home and Bank accounts. There are three equal benefisiaries.I have one brother and one sister and we were all named equally.In the year 2000,my parents were involved in an auto accident,killing my father and injuring my mother.My mother had previously suffered a small stroke which left her unable to make decisions on her own.We three siblings decided at that time,with Moms good graces,that she needed help in making decisions involving her health and finances.At that time,(after all life insurances payments) there was approximately $350,000.00 in the Bank and their home with an approximate $150,000.00 value. My mother also received a retirement check from the Federal Government each month(my Fathers Postal retirement)worth approximately $2700.00 monthly.

My brother volunteered to take care of the Financial portion of the Trust including paying the monthly bills, yearly taxes, medical bills,home care,and care in an assisted living facility.

Mom passed away in 2006 thus leaving the assets to we three siblings. Since Moms death, my brother has succeeded in spending all of the remainder of the bank account without my sister and my consent($150,000.00) plus he did not notify the Federal government to cancel the retirement payment.He kept receiving the funds which were auto deposit into the trust account.Needless to say,the Feds caught onto him and has made his life miserable ever since.I never thought that my brother would have done something like this to my sister and me.We evidently were quite stupid to trust him and to give him that power.

Since he broke the Bank account of the Trust,I have been paying all bills and taxes for the property(approximately 5 years). The home is the only item left in the Trust and is used as a summer get-a-way house for all of the family(except my brother).

My question to you is: What document do you have that will remove my brother as a beneficery to this living trust? My brother has agreed to being removed as a beneficery.Can this be done with just a Notary with his siginature?

Thanks you for your time.

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