Legal Question in Wills and Trusts in Illinois
A plaintiff in an Illinois will contest stated in writing prior to the filing of a will contest:
*"We don't expect any more money."
* "If the trust showed that Mom's inheritance goes to her three sons, then the question about
inheritance can be answered." It was answered.
But, then the plaintiff filed the will contest.
Per the above statements, can the plaintiff's will contest case be thrown out of court on this basis of these statements?
1 Answer from Attorneys
Impossible to say without more context. But I doubt it. Whatever those statements are, they don't seem to have anything to do with whether the will is a valid will. You didn't mention what the allegations of the will contest are. Lack of capacity? Undue influence? Fraud?
The will contest will be based on whether the allegations are sufficient to meet the necessary elements for each count, and then whether those elements can be sufficiently proven at trial.
The estate needs an attorney to defend the will, and then how to defend the will against the will contest should be addressed with the attorney.
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