Legal Question in Wills and Trusts in Illinois
How can I get a notice to the Court indicating that the will that my late husband's brother submitted to probate court is not valid? I mean the will was written and signed 5 days before my late husband's death. He was on life support for over 16 days, then he died. The bondsmen told me that no one who is on life support is capable of writing a will; there is no other will. The signature which is not my late husband's was notarized by a person who works with someone who knows one of the witnesses. How can I file my protest? I am the widow and oddly, I am the mother of our 5 children; and oddly I was not included in the will. Odd? The will I suspect was written and signed by a person who is intentionally trying to rob my husband's grave. What are my options? I do not have any excess money.
5 Answers from Attorneys
You're going to have to do more than just provide a "notice to the Court", you're going to have to take affirmative steps to invalidate the will (undue influence, lack of capacity) or renounce the will and claim your intestate share of the estate. There are time limits governing whether the Court will recognize your grievances. While you can probably do this yourself (pro se) you are going to get better results using an attorney. It is my recommendation that you seek out the services of an attorney to help you.
You're going to have to hire a lawyer. Many have modest fees. Call a few of us. You may be surprised.
You have priority in an intestate estate to be name administrator. File, either with or w/o an attorney for Letters of Administration, No Will. If whoever engineered the contested Will wants to try and bring it into court let them. They are the ones who will have to try and authenticate it. This will go best with the services of an attorney and you need to find one immediately.
After your husband's death, you are provided with a short period of time to "renounce" your husband's Will (due to your status as spouse). If you successfully do so, you will be entitled to 1/3 of all of your husband's "probate" assets (that is, 1/3 of all of your husband's assets that would be subject to a Will). Such "renunciation" can be very difficult to obtain without the assistance of a skilled attorney.
After your husband's death, you also have a similarly short period of time to file a petition to allege that your husband was incapable of making a new Will or was subject to undue influence. Such attacks can be very difficult to prove, even with the assistance of an attorney who is experienced in this area.
I strongly recommend that you speak with a lawyer about your particular circumstances. Feel free to call me for a free consultation.
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