Legal Question in Wills and Trusts in Illinois

Generally, the last original Will of a deceased person (i.e. the testator) is usually legal and binding if it is in writing, signed by the testator or by some other person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses. However, such Will may be invalidated under certain circumstances, most commonly: (1) if the testator lacked the capacity to sign the Will, or (2) if the testator was under the undue influence of another when signing.

After the testator dies, his last Will must be filed with the clerk of the appropriate county.

A lawyer's name need not appear on a Will for it to be valid.

If you think that a more recent Will may have been executed, you can file pleadings based on that position. However, you should ask an attorney evaluate the strength of your case before you do so.

This answer assumes that the testator died as a resident of Illinois. Please feel free to contact me to discuss this further. I won't charge for the phone call.