Legal Question in Wills and Trusts in Illinois

Is the Will Valid?

I had two great aunts (sisters) who helped raised my brother and I in there house until we moved out when we reached adulthood. Aunt #1 wrote out a will and named her sister (Aunt #2) as benificiary. This was filed way back maybe in the 1970s. Aunt #2 died in 1978.

Aunt #1 wrote in red ink on top of the paper that my brother and I should receive her inheritence if we finished school. I don't know if this was ever filed. But she indeed wrote it with her own two hands. It can be leagally traced to be her hand writing. Aunt #1 also go married in 1980. After 20 year Aunt #1 died. Her husband now lives in the house and I don't know what he did with the 64 acres of land that they had in Michigan (which was ment for the family).

What steps do I now take? (my brother didn't finish school, but I am now in my last year of graduate school.


Asked on 5/31/04, 2:43 am

2 Answers from Attorneys

Re: Is the Will Valid?

There are a lot of issues that you raise, however, unless you and your brother were specificially named in the will, it is unlikely that you will be entitled to any inheritance.

Where did your great aunt die? The next thing to look at is whether the will said "to Aunt #2 per stirpes." It is says "per stirpes" it means that after aunt #2 passed away, it would go to her children.

Your aunt's husband is entitled to a share of the estate, even if he was not mentioned in the will, as would be her children (if any).

Generally, a hand-written change to a will is not valid (it is not in Illinois); however, depending on the state in which your aunt died, this answer could vary.

If you have a copy of the will, you should have a local attorney review it to determine whether you have any rights.

Lastly, check to see if the will is being probated. From your description of land being held in other states, it sounds like the estate had a substantial value to it - requiring that it be probated if it did not all pass to her spouse (possibly by the way she had the land titled).

Good luck to you.

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Answered on 5/31/04, 12:07 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Is the Will Valid?

Your questioon is too complicated to answer in this type of format, mainly because the will needs to be physically reviewed by an attorney. However, if you consult with a local attorney, your questions should be able to be answered in short order.

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Answered on 5/31/04, 5:30 pm


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