Legal Question in Wills and Trusts in Illinois

My 18 year old granddaughter,(married with a 5 mo. old child) was recently presented with a will drawn up by her father-in-law,an attorney.There is friction between her and her in-laws.Their only son defied them,dropped out of college,they feel he 'married down'.I doubt she thoroughly read the document.I am of the opinion,she needs to have an attorney with her interest in mind, peruse the will.Just as a matter of common sense.There is no telling what she may be agreeing to. I doubt she even considered anything aside from custody of their son in the event she and her husband were to die together.There are so many considerations of which she was not adequately advised. Could you give me an opinion,and the reasons behind it.I don't think she grasped the possible ramifications.Thank you


Asked on 10/19/10, 2:31 pm

2 Answers from Attorneys

A recognized way to fight the validity of a will is that it was not the intention of the testator but rather a third party -- this is called undue influence. A will needs to be voluntarily made and the dispositions intended in the will need to be those of the testator. She is 18 and, married with child, is emancipated is basically an adult in the eyes of the law. That's the legal of it. I can't speak to the family dynamics. But she has to be the one that wants the help.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/24/10, 9:17 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Your "common sense" feeling speaks volumes. Plus, a claim of undue influence would be difficult to prove if she is being railroaded in provisions other than those that direct gifts at her death -- and that may be happening. She should have an independent attorney review it and advise her on it, or maybe make up an alternate Will for her. Unfortunately, that costs money -- and I have the impression that she has none to spare. Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.

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Answered on 10/26/10, 9:13 am


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