Legal Question in Wills and Trusts in Illinois
Typo on will
There's a typographical error on my Mom's will. There are five children in the will. In the first paragraph, all 5 are listed as dividing the estate equally. In the paragraph which breaks down what fraction each child gets, the lawyer that did the will erroneously listed one of my sisters twice, and me not at all. What are the remedies/ramifications?
2 Answers from Attorneys
Re: Typo on will
Is your mom still alive? If she is and is competent she can obviously change the will, and should do so right away. If she's already passed away then this is something you're going to need to challenge in probate court. It's going to depend on exactly how the will reads. If there is a patent ambiguity, which it sounds like there is, then you will be able to introduce outside evidence to show that your mother did not intend to disinherit you.
I such a challenge should fail, then you may have recourse against the attorney who misdrafted the will.
Good luck.
Re: Typo on will
I am assuming from your question that your mother has passed away, and the will is being looked to as her final direction.
If you are an interested person (which, as a child of the deceased, you are), you may bring a will contest for construction of the will. This action is brought in the probate court where the estate is being administered.
If there is not already a probate file opened for the estate, you have the right to open one.
I would advise you to seek the advice of an attorney to assist you with this. He/she can review the will and other pertinent documents to give you more specific advice than can be provided here, in response to the limited information in your question.
If your family members agree that there was a mistake, it shouldn't be too much time or trouble getting it corrected.
Good luck to you.