Legal Question in Wills and Trusts in Illinois

challengig a will

My mother died on May14, 2007. Her will was changed less than 30 days before she died. I believe that the two main people involved in getting her to change her will, probably coersed her into doing so.

Consequently, I am not on the last will while I was on the previous one. Since then, one of the people listed on her last will has been brought up on charges of felony identity theft, and felony financial exploitation of the elderly against my mother. In the state of Illinois I have a 6 month time period to challenge the last will. My question is, can I, on my own, request that an extension be granted in the 6 month contestation time from the last will?


Asked on 10/27/07, 9:39 pm

2 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: challengig a will

The 6 months is timed from the entry of admission of the Will to probate. You are still now well within the 6 months period. You cannot get an extension unless you were not given proper notice. In any case, why would you need to request an extension when you are within the 6 month contest period? Just file a Will contest. You don't need to have all your evidence before filing the contest. Just file the contest and then you can do discovery. And if you decide not to proceed, then drop it. Just be sure to file within 6 months if you are considering a contest.

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Answered on 10/27/07, 9:56 pm
Cyndi Perez Trostin

Re: challengig a will

The first thing to find out is whether there is a probate estate opened. If not, you would need to open one in order to start a will contest.

I would advise you to seek the advice of a probate lawyer to review the will and the surrounding circumstances with you in order to properly be advised of your options. The time and cost will be well worth it.

Good luck to you.

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Answered on 10/28/07, 10:50 am


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