Legal Question in Wills and Trusts in Illinois
Can I contest this will and win?
My grandfather, who lived in illinois when he died around 20 years ago, did not mention my mother or my 2 mentally handicapped uncles in his will. My mother, who cared for my uncles since her dad abandoned when she was 11 years old, died 9 years ago. Since then, my father has been taking care of my 2 uncles. My father now has cancer and can no longer care for my uncles.
My question is this, can my grandfather's will be contested this late in the game to provide support for my 2 uncles?
My step grandmother told my mother that her son, and my grandfather's son, got $45,000.00 from the will. We never saw the will. Is there a way to obtain a copy of the will now?
Thank you.
3 Answers from Attorneys
Re: Can I contest this will and win?
Your mother should have received a copy of the will, and you can get one by calling the clerk of the probate court of the county of his residence.
But all of that won't help you.
A will contest cannot be based on not liking the terms but that there is something wrong -- e.g. not properly signed and witnessed, undue influence, etc.
Your mother would have had a very difficult case 28 years ago. At this point, it's too late to even bring one.
Re: Can I contest this will and win?
You are way to late. You will have to look for other sources of funds. In addition your grandfather had every right to disinherit his children. You may not like it but it was his right.
Re: Can I contest this will and win?
Although I concur with Mr. Pollak's rather cold assessment of the situation, I add my "two cents worth" regarding your second question.
Assuming that your grandfather's will was probated in Illinois, the office of the clerk of the probate court (or whatever similar term might have been used) should have a copy
of the will, plus other legal documents related to the probate of his estate.
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