Legal Question in Wills and Trusts in Illinois
Grandson not mentioned in will, other than a child born out of wedlock will not count as an issue. Everything was in 2 differents wills and trusts was to go to the only child, my son's father, however he died before the grandmother by 4 months and she had alshiemer's and was in a home for many years, do not know the onset date, nor what assisted living facility she resided. Also we need to know if we can change attorneys, to get an illinois attorney (wills, estates and trusts) to take over a case that started in florida and now is in illinois. Our attorney does not know Illiniois laws, and we have already signed agreement with him. How do we go about cancelling that agreement and get an illinois lawyer on contingency for a case that is now at where the Administrators have made an offer of $10,000 to give up any rights to inheiritance, when the total of the 2 trusts equals $1,000,000+. I need help and quickly we are to answer the offer, but feel we have not been represented very well with our current attorney, who does not have an attorney who know the law in illinois, but led us to beleive he did have a illinois bar sttorney working for him in the beginning. Also what does the law say about an only living heir, even though he was born out of wedlock, what rights compared to the grandmothers siblings and thier children mentioned in the will and trust?
2 Answers from Attorneys
Of extreme importance is to be represented by an attorney experienced in probate law and licensed to practice in Illinois. Most legal service retainer agreements provide for cancellation; you should read the agreement, cancel it if at all possible if you can't be adequately represented in your case and receive advice on legal issues. Your case appears somewhat
complex regarding the paternity issue which will require a detailed review of the facts and
documents. Born out of wedlock is not the determining legal issue if paternity was established in another way, such as admission, paternity tests, etc. But a review of the facts, details, and documents is required to be properly advised.
Before providing any thoughts, I'd like to discuss this matter with you. Clearly, this is very complicated.
I regularly tackle contested Estates and Trusts, and would be happy to provide you with a free consultation. Feel free to look at my profile on www.lawguru.com and www.dlec.com to learn more about me.
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