Legal Question in Wills and Trusts in Illinois

Re: will validity

There are many things that could make a will invalid, and I'm not sure that a bank officer is an appropriate person to make that determination.

First of all, the original will is required to be filed with the County Clerk's office in the county where your father died, or resided.

If the estate of your step-father is worth over $50,000, there must be a probate estate opened to validate the will and to appoint an administrator (executor) of the estate.

If you and your brother are listed in the will, and the will is valid (assuming your mother has passed away), you are entitled to the assets of the estate, whether or not you are legally related to the person who died.

Since the information that you have provided is not complete enough to make a conclusion about your situation, I would advise that you consult with an attorney about the specific legal issues entailed. He/she will review the will and advise on how to proceed to protect the rights of all involved.

Re: will validity

I would ask the bank representive where he or she got a law license, since they are giving legal advice. In fact, I'd ask the bank president if the person you spoke with is an attorney. Unbelievable. Without reviewing the will in its entirety, there is no way to accurately answer your question. You should have an attorney review the will.