Legal Question in Wills and Trusts in Illinois

If the executor of the will does not comply with the intentions expressed in the

will, you may object and file a claim in the local probate court. You will likely need

an attorney or the help of a legal aid agency to do so.

Things are not adding up. If the will left you something, that cannot be changed after both passed. If someone is suggesting they can change the will of a decedent, they are either hoping you will not question it or they are living in another world. If they mean the will was changed before one or both passed away, that may be different. Then, your question would be whether you remained entitled to anything through either will or whether the changes to the will should be challenged. Were your aunt and uncle inappropriately swayed to change the will, did they understand what they were doing at the time?

If it appears you will receive a benefit from the estate, it is possible that an attorney will rely on that for the fees. Usually, at least a modest retainer would be requested, but the balance can often come from the estate if a distribution is likely.

This site is also a little confusing. It lists "Illinois," but shows an out-of-state zip code. Is the estate in Illinois or are you in Illinois? You will want to be consulting counsel in the state where the estate would be located.

Illinois law provides that a copy of the will must be filed with the clerk of the court of the county in which the decedent resided at his death. I believe you should start off by making sure you have a copy of your uncle's last will. Then, after carefully reading the will, you should see what gift is left to you in the will and whether it is possible that any gifts your aunt or uncle gave you in their lifetimes could be considered an advancement against your testamentary gift under the will. You should review the will with an attorney to analyze your options. If the will is being probated (a court proceeding initiated) you can file an objection in that proceeding, more effectively accomplished with an attorney. Don't sign any waivers, releases or receipts if asked to do so.