Legal Question in Wills and Trusts in Illinois
contesting a will
My mom passed away Feb. 2002. She has 10 children. She left her house and furniture to one son and his family who needed it. That was fine with all of us, we didn't care. She also gave a portion of her property (30 feet) to one son who lives next door to her. This, also was ok with us. Now, the son who received the house has decided that he wants the 30 feet back. He has made accusations that she was taken advantage of, that she was incompetent. The son with the house had moved his family in with her 2 weeks before she died of ovarian cancer. The rest of us had been close to her throughout her 3 year illness. She was Not incompetent!! My question is this.. Is there not a time limit on contesting a will? She has been gone for over a year.
2 Answers from Attorneys
Re: contesting a will
time is far gone for contesting the will.
Re: contesting a will
I just responded that the time was past for contesting the will and realized I was making an assumption.
The will does nothing -- until it's admitted to probate and goes through probate. Nobody owns anything until then. So if the will was probated the time has probably passed. If it wasn't probated yet nobody has any rights and when probate is actually filed it can be challenged.
On the other hand, a will containing bequests in one document (you can have codicils -- amendment) is not partially valid. If your mother left A the house, except 30 feet, and B the 30 feet, for A to challenge the will would mean losing the house!
You, or the child who got the 30 feet, should probably consult an attorney.
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