Legal Question in Wills and Trusts in Illinois

Error in will

I am the executor of my Dad's will, and 1-1/2 yrs into the probate case, the current lawyer for the estate found an error in the will, erroneously giving my sister 2 sixths by mistake, and me nothing. (One paragraph correctly names each of the six heirs by name, and I am named there. The next paragraph erroneously names my sister twice). He felt the easiest & cheapest way for the estate to resolve it would be for my sister to sign an affidavit saying she understood there was an error and sign over the erroneous portion to me. She signed the affidavit, then was talked into recanting by the other siblings,saying she didn't understand what she was signing(although she had a lawyer explain it before signing). The lawyer that did the will for my Dad admits he made a mistake on it(both verbally and in writing). Question: Can I go to his malpractice insurance and file a claim for both the 1/6 of the estate plus hours I put in as executor? This has been a messy estate, so I have at put in least 1000 hours as executor. Had I known this at the beginning, I would have resigned as executor, so I feel I am entitled to compensation for these hours. Thank you.


Asked on 3/27/05, 11:34 am

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Error in will

What does the affidavit of heirship say? This is the document that is approved by the probate court that shows how the estate funds will be distributed.

If you believe your rights are being compromised, or if the estate itself is not being handled properly, you need to have another attorney review it to determined whether any actions can and should be taken.

Only an attorney who has had a chance to review the Will and the other probate documents will be able to give you the thorough answer you require.

Good luck to you.

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Answered on 3/29/05, 10:40 pm


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