Legal Question in Wills and Trusts in Illinois

Re: Wills and estates

The short answer is: In Illinois the omission of a child who was living at the time the will was executed is disinherited. It does not invalidate the will. No one has a right to inherit (with few exceptions pertaining to a surviving spouse.)

The longer answer requires an interview to set the stage for the circumstances under which the will was executed. Was the will executed 10 years ago, or in the decedent's last days? What was the state of the decedent's decisional capacity when the will was executed? Was the excluded child also excluded from a previous version of the will? Was the included child living with the decedent, or have power of attorney or other control over the decedent's decisions? Did the exclusion of the excluded child serve to increase the share of the included child who had some control over the decedent? This is just a sample.

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Be well.