Legal Question in Wills and Trusts in Illinois
wills and annuities
How do you go about to contest a will? How do you verify that the will is legal?
My father died on December 15, 2007, my brother was the executor of the will and he had the will notarized on December 27, 2007. Is this legal.
Also, my father had an annuity of $140,000 and named my brother the only beneficiary-can I and my two sisters have any legal rights to a share of the annuity.
The will was signed on February 11, 2007 by my father and hi witnesses.
3 Answers from Attorneys
Re: wills and annuities
You contest a will after it is admitted to probate, and you have to be an interested party. As to the annuity, unless there is evidence that would make the will invalid,a deceased person's wishes are followed. Unless there was improper behavior on the part of someone, like undue influence by the brother for example, the court will follow the wishes of the father. The notary issue is not relevant for your purposes.
Re: wills and annuities
You need to have a lawyer review this. I would be happy to help.
Please feel free to use these resources:
email: [email protected]
web: www.michelottilaw.com
blog: blog.michelottilaw.com
Re: wills and annuities
1. A will contest can be made by petition after the will is admitted to probate.
2. The judge makes the initial determination and then an interested party can demand a formal proof of the will.
3. Notary is supposed to happen contemporaneous with the signature. However, wills do not have to be notarized, only witnessed by two persons.
4. Annuity would pass to designated beneficiary unless there is some cause to challenge the change of beneficiary (e.g. forgery, incapacity, undue influence).
You should have an attorney review the facts to determine the best course of action.
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