Legal Question in Wills and Trusts in Illinois
Is this will legal
My mother and father had an w2ill made up in which I was excutor. My mother passed away four yrs. ago and I have found out this year that my father has changed the will.
Is this new will legal or does the old will have to be probated?
My father well tell me nothing about the new will, is this legal?
Was I suppose to be contacted when he changed his will?
1 Answer from Attorneys
Re: Is this will legal
When your mom died 4 years ago you as the executor should have filed the will in the county of your mom's residence. Not all wills need to have an estate opened--which means probated. If everyting you mom owned also had your dad's name on the title then everything would pass to him. As executor you will need to get the titles on the assets changed to reflect your dad as the sole owner. It would appear that your mom did not have any large debts in her name only or the creditors would have come knocking on the door by now.
As far as your dads will goes he has the right to draft a new one whenever he wants and he does not have to tell you or show you what is in the will.
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