Legal Question in Wills and Trusts in Illinois
wills
My mother's husband died without updating his will. The will found is from a time when his disceased wife was still living. Is it still a valid will?
2 Answers from Attorneys
Re: wills
Yes it is.
The question now will be: did the will refer to his current wife, or his former wife?
If the will said "spouse," there won't be a problem, but if it listed the former wife by name, there may be.
It is best to have an attorney review it to see what your mother's rights are and how to protect her interests. It will be well worth the time and cost.
Good luck to you.
Re: wills
The will is still valid, but any requests made to a dead person are normally void.
If your mother has an attorney representing the estate, he/she should know this. If you do not have an attorney, you should get one so the estate can be handled properly.
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