On January 4, 2012, the Indiana Court of Appeals followed the majority rule by concluding that another state’s determination that a will is invalid has no effect on the validity of the will in Indiana as it pertains to the disposition of real property in Indiana.
In In the Matter of the Estate of Florian T. Latek; Nicholas G. Grapsas, et al. v. Gearald Ronneau, No. 64A05-1103-ES-112, Florian Latek, whose estate was at issue in the case, owned property in both Indiana and Illinois. While Latek did have a will, he failed to satisfy Illinois’ requirement that the will be notarized. In addition, the witnesses to his will could not be located. Therefore, because a formal proof of will could not be provided to the court, Latek’s estate proceeded on an intestate basis. This means that Latek’s assets were not distributed according to his will but instead according to Illinois’ intestacy statutes.
A Petition for Probate of Will and Issuance of Letters Testamentary were filled with an Indiana court seeking probate of Latek’s will to the extent of his real property in Indiana. Judge Ezra H. Freidlander of the Court of Appeals stated in the court’s opinion that the court would follow the majority rule. The majority rule provides that the state’s laws in which the property is situated governs the transfer of real estate or by will. Therefore, even though the will was deemed invalid in Illinois, the will could be submitted and probated in Indiana as to the real property located in Indiana.
If you are contemplating an estate plan or are looking for an attorney to probate a loved one’s will, an attorney at Gordon A. Etzler and Associates can help. Contact us today.
