Legal Question in Wills and Trusts in Illinois
Will--almost one year later was notified
My grandma passed away in may '07 leaving a will, my uncle kept the will a secret until march '08. My mom's name is included in the will as my grandma's daughter. However, my mom was adopted (no legal filing) by her sister(grandma). Now, my uncle says that since she really isn't a daughter per se, she can't contest this will. What is there to do?
1 Answer from Attorneys
Re: Will--almost one year later was notified
If your mother wasn't legally adopted by your grandmother, then she is not the daughter of your grandmother. I am not clear, but it seems that your grandmother is really your mother's sister. Therefore, she may not be an heir, but she is a legatee. If she is mentioned in the will, then she inherits that which is left to her. The will must be filed in the Circuit Court in the county in which you live within 90 days after death. If it isn't, the person consealing the will could be prosecuted criminally. Your mother should hire a lawyer in your county to persue this. Have your mother open a probate in court and subpoeona your uncle with the will. Let him explain his actions to the judge.
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