Legal Question in Wills and Trusts in Illinois
Invalid Will
Recently received a leter of ''Petition to Probate'' as I am named in my Uncles Will as one of the heirs.Uncle passed away June of 2004.Letter states that Will was last dated as of May, 2001 and considered ''valid''. Two of his siblings passed before 2001 so are not listed as ''legatee or heir''. Third sibling of his passed away in May 2002,11 months after ''valid'' Will date of 2001 yet he is off this list of legatees and/or heirs. Since Will was not updated since 2001 and sibling died in 2002, would this suggest that there may be another Will out there somewhere? Would the executor of the Will have the right to ''exclude'' this siblings name from the ''list'' since my Uncle didn't?Executor is also a brother to my Uncle and has ''penciled'' in his own childrens names as heirs.Only date shown as to him doing this was the day of Will submitted to Probate this past January.(his initials are beside the childrens names).Since I am only an heir, can I obtain a copy of the Will?Will the listed ''legatees'' get everything above and beyond the heirs? Heirs listed are children of my Uncles deceased siblings..aside from the ''penciled'' in names of the Executors children.
2 Answers from Attorneys
Re: Invalid Will
First of all, if the will has been submitted to probate and the court has accepted it as valid, the distribution of the estate will be made according to the terms of the will.
If someone who was named in the will has predeceased your uncle, then, unless the words "per stirpes" are included (which indicates that the share of the deceased beneficiary passes to his/her children), then the share will lapse.
Therefore, he would not be listed as an heir or legatee.
Of course, it is always possible that there was another will that was made after the 2001 will, but someone will have to present the original of it to the court in order to invalidate the 2001 will. Unless a more current will is presented, the 2001 will is the one that will be followed.
Whether or not heirs are included on the list, it is only the persons who are named in the will who will receive a distribution. It should make no difference to the distribution if your uncle has included his children on the list of heirs. Heirship is a list of the closest family members of the deceased.
You may request to see a copy of the will through the court clerk's office of the county where the probate estate is being heard. The original of the will is filed there and is a matter of public record.
If you have any other questions as to your individual rights, I would suggest that you present your issues and the information you have to an attorney who can thoroughly review the documents (including the will) and the situation to determine what options you might have. Be sure to pay attention to the deadlines for filing any objections with the court (which should be set forth in the document you received). Otherwise, you may be barred from presenting them at a later date.
Good luck to you.
Re: Invalid Will
Huh?!! I'm confused. I need more information. It sounds like you need legal counsel. I would be happy to discuss this matter with you. For more info, please contact my office at (248)851-3171.
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