Legal Question in Wills and Trusts in Illinois

A last will is written to convey the final wishes of the testator. You uncle is presumed to have known his own mind at the time he signed his will, and we can expect his will to be followed. Furthermore, any "monetary asset" such as a bank account, stock account, etc. will go to the named beneficiary if there is one, before the will is considered to have any effect on those assets.

The will only can dispose of things which are part of the estate. If there is a named beneficiary or joint owner, a bank account will not be part of his estate and the will will have no effect on it.

Certain assets pass outside of probate, outside of the estate. For example, typically, owners of life insurance name a beneficiary other than their estate. The life insurance would be paid by the insurance company directly to the beneficiary. Those funds would not be part of the estate and would not be subject to the will or intestate succession laws. That would also be the case with a bank account that is held jointly or has a beneficiary designation. So, no, the will does not "hold up" as far as the bank account (if the facts are as you have been informed).

I would also ask at least these additional questions:

(1) Does the will use the term "tangible" by itself or does it distinguish between "real" and "personal" property?

(2) Are there any issues to consider about the account having been set up (such as your uncle not being competent, subject to improper influence)?

Consult an attorney to review the circumstances in detail.