Legal Question in Wills and Trusts in Illinois
In Illinois, proceeds from a will went to the grantor�s remaining living children, who were named as beneficiaries. However, three of the grandchildren of a deceased child, were given and accepted nominal cash benefits from the will, who were not named or listed as beneficiaries. The grantor�s other child, the grandchildren�s father, passed away several years ago. After receiving the cash benefits, the grandchildren asked for a copy of the trust and will, which they received.
Now, they�re insinuating that perhaps the grantor was mentally deficient or was under
undue influence.
If the grandchildren contest the will, are they subject to the Doctrine of Election? And if so, don�t they need to return the cash benefits before proceeding with the will contest?
And, when must they return the cash benefits? A what point in the will contest process can the doctrine of elections be invoked?
1 Answer from Attorneys
I believe your questions would best be considered with an attorney who practices in the area of contested estates. It is difficult to bring a will contest, there is a limitation on how long a person has to bring a will contest, which may have already lapsed here. Contesting the terms of the trust will be no easier. It seems from your question that you are trying to defend the will and trust from potential action by the grandchildren. If a contest appears likely, see you own attorney.
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