Legal Question in Wills and Trusts in Illinois

Recently my wife and I received our notice that we are in my Uncle's Will. However, it states that we can not file a claim against the estate, if we do we are out of will. Prior to his wife passing, she told me he had dementia, his physcian finally started him on medication. Should we question the will knowing that he had it prior to 2000.


Asked on 2/25/11, 9:04 am

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

You should review the specific situation with an attorney. Such "no contest" clauses are of questionably enforceability. I am assuming that the Will says you lose your share if you contest the Will, not if you file a claim. A claim against the estate would be if, for example, your uncle owed you money on a contract.

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Answered on 2/25/11, 9:16 am


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