Legal Question in Wills and Trusts in Illinois

Re: Last Living Relative

If your wife's uncle did not name her in his will, and he was competent when the will was written, then it is likely that she will not inherit.

If you have further questions, then you should seek the advice of an attorney who can review all of the facts available.

Re: Last Living Relative

Unless there is undue influence, duress etc. which you can prove, you will probably not be able to set aside a will that is otherwise validly drafted and executed. There are also a number of technical arguments to defeat a will, and bar it from admission to probate. Finally, if a will fails to dispose of all property, the heirs at law, which would be you wife, could inherit any such property even with a will. These circumstances can and should be avoided by the drafter of a carefully drafted will.

Unfortunately, if the will is otherwise valid, anyone can disinherit all relatives, except a surviving spouse, in a valid will which names other, living beneficiaries.

our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.