Legal Question in Wills and Trusts in Illinois

2nd son would need to go to court to contest the Will and allege undue influence. It's generally not easy to prove. He should contact a probate litigation to go through the facts and determine how best to proceed.

This will not be an easy matter and counsel should be sought promptly. If there was any indication of advantage being taken, it would have been better to report the concerns or seek guardianship during the decedent's lifetime. The burden to prove undue influence, incompetence or other issues will be on the son suggesting a problem. Unless the will was not properly handled, there would have been at least two witnesses to it who may attest to the decedent's competency and acting of her own accord, but those witnesses can be challenged as to what they saw and heard. There may be additional people who were also involved in the process of preparing the will who can be challenged on these matters, but it may be an uphill battle. Others who interacted with the decedent can be brought in. Possibly, the use of the money can be traced. Before going too far, since legal fees will likely be required, you need to ask whether there certainly was wrongdoing, advantage taken, or was one son simply more present, doing what he could, using money for the decedent over a number of years. In changing her plans, was the decedent simply recognizing who was there for and who was not. Next, you need to ask, even if there was wrongdoing, how likely are you to prove it and is it worth the expense to take the risk. A reputable, experienced probate attorney who is experienced in the courtroom will walk you through these and other considerations.