I think maybe you may have asked this question already, I recently answered one from South Bend very similar. Same reply to this answer. your mom may have a Medicaid problem due to this gift and that may be what they are trying to undo. You may not have to cooperate but it will put you into an adversarial position with them. You will need your own lawyer to consider your own interests. Good luck.
In general a person can write his or her own will. Writing a will for aother person, however, if you're not a lawyer, is unauthorized practice of law and a misdemeanor.
Now, that being said, you need to hire lawyers to do your wills. Each hire your own. here are three issues that are pitfalls for you. First off all gifts in favor of a spouse are revoked by operatoin of law upon the entry of a divorce order. Not on filing of divorce but upon entry of the order. So the timing makes a big...
Important facts not stated may determine how this goes. Hire your own lawyer in New Jersey who knows estates and litigation to give you an informed opinion about this. Do not rely on the estate lawyer for whether or not you should do this or that about this question, you need independent advice and estate PR lawyers owe their professional duty first to the fiduciary and then only indirectly to heirs. Get your own lawyer on this sticky problem.
In general if a policy names a beneficiary, then it is a contract and the will does not matter. Usually it is only where the policy does not have any beneficiary, and it was owned by the deceased, is the will relevant. However in situations like this, you need to hire a lawyer to give you a solid opinion based on a look at the pertinent documents before you call it quits on defending your own interests. Good luck.
"post judgment remedies" are how you collect and they are technical and a layman will not fare well trying to exercise them without a lawyer. Indeed most lawyers that are not doing collections day after day, shy away from trying. The means are complicated, oftentimes intensely local for what really works and what does not, and there are pitfalls for people who improperly use these tools which might lead you into trouble. Do yourself a favor and hire a lawyer who does collections to get this done.
A signed and notarized document will not suffice under Indiana's Statute of Wills.
You need to hire a lawyer to prepare a will for you. Don't go cheap and try to DIY or use a form book alone, nor even one of these whiz-bang document prep services. Hire a lawyer -- you wont be around to fix it when you are gone.
In general those remedies are believed to be cumulative. IE, yes, she can elect the spousal allowance and also disclaim the will. Your lawyer apparently told you right. Interesting choice to come one avvo and double check your lawyer. I hope this gives you some confidence in him or her.
if she "left him" as in ABANDONED him, then there may be some relief from this. You need to talk to your lawyer about the facts of what is precisely meant by "left him" and see if that rises to the level...
As usual Mr Chen's answers on service are among the best.
I would only add that, won't it be a bigger hassle to avoid the subpoena? Most business owners need to spend time working at their locations rather than avoiding process. Just something to consider.