Legal Question in Wills and Trusts in Illinois

Provided he/she did so while mentally competent and without someone unduly influencing him/her, the decedent had every right to name both the executor and the person(s) to benefit from the estate and to exclude those who would usually be considered (except that spouse and minor/disabled children may be protected). Nevertheless, if the will is admitted to probate, then all heirs should receive notice, which would provide the opportunity to contest for valid cause. If the executor does not petition for probate, any interested party may do so. If you feel there are concerns, I suggest you arrange a legal consultation. If there is a basis for you to do something, sometimes only a small fee is required up front with the attorney collecting when the estate funds become available.

After a will is filed, nothing happens automatically. If the executor determines the will needs to be admitted to probate, a court proceeding will commence upon the petition of the executor (or other party) who will ask the court to be formally appointed. Notices of the pending court proceeding are required to be mailed to all persons named in the will and all the heirs (spouses and blood relatives) irrespective of whether the potential heirs are named in the will. The heirs receive notice so they have a legal opportunity to contest the will if they so desire.