Legal Question in Wills and Trusts in Illinois
probate/wills/neighbors
My aunt passed away in 2003 leaving her bank accounts and a few stocks in joint tenancy with me, her niece. She had no children. She also had a house that was paid for with no name other than hers on the deed. I recently found out her neighbors had a will which called for leaving 50% of her estate between myself and the neighbors. I know this will was coerced and it, was dated when my aunt started having signs of dementia. I have no way to prove that, or can I? I have 2 other cousins who are her nieces as well (only living relatives). I was told by a friend that an affadavit of heirship form can be filed with our names as sole heirs. What happens to the will as far as these neighbors go? Are they still entitled to anything? I was told they hired an attorney and told him my aunt had no other living relatives which is not true. This neighbor is also the ''executor'' of the will. The stocks and bank account were transferred in my name shortly after she passed away, but this house is the only thing that I am having a problem with. The will states the house is to be sold and proceeds split in half with me and the neighbors. I am in the process of hiring an attorney, but wanted to know if we can get these neighbors out of the will?
1 Answer from Attorneys
Re: probate/wills/neighbors
if there is a will and the house was in her name alone, you have to deal with the will.
if the neighbors used "undue influence" in having the will prepared in your aunt's behalf, then you might have the will overturned.
If the will was overturned, you would have a three way split (you and cousins)rather than a two way split (you and neighbors)of the property.
On the other side of the coin, the "executor" is going to be entitled to fees.
you really need to think this through.
email me if you have any other questions.
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