Legal Question in Real Estate Law in Illinois
will
My aunt who lived in Illinois, and was a widow with no children, passed away a few years ago. She left money to my children for their education, on a paper that she typed, signed, had one witness and had noterized. Because she left money to other people who ''the family'' (her mother, 2 brothers, and 3 sisters) did not approve of, they decided that her ''will'' was not legal, and dismissed it. ''The Family'' stated that the ''will'' was not legal because there was only one witness and there needed to be two for the ''will'' to be legal. She had also left personal items to me and other individuals that ''the family'' decided to keep. Obviously, I'm upset because ''the family'' took education money from my children! The total amount was $45,000, $15,000 for each of my 3 children. Was ''the family'' right? Was my aunt's document legal or not? Did they have the right to take that money from my children? The money was distributed evenly amongst my grandmother and my aunts siblings. Please help!
Dawn
2 Answers from Attorneys
Re: will
I'm afraid that your aunt's family was probably correct. The rule in Illinois is that you need two witnesses. Illinois is a very difficult state for enforcing wills.
If you want to talk about the details, I'm happy to speak with you.
Re: will
In Illinois, there is a statutory requirement for two witnesses. That said, one can still probate an estate that has assets. Still, with closer relatives, it might be unlikely that you would realize any money. Good Luck!
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