Legal Question in Wills and Trusts in Illinois
Written Will or Piece of Paper
My Mom left in her will that everything is to be divided 4 ways (between her 4 surving children). The year before she died she had surgery. She wrote on a piece of paper that some land was to be divided 3 ways and my one sibling would receive $50,000. What holds up. My sister would like some land and not the money. Two of us agree with that and the other said no. Is a written will the legal agreement of wishes or the letter.
2 Answers from Attorneys
Re: Written Will or Piece of Paper
With very few exceptions a will must by typed...not handwritten. Further, will must be witnessed by two competent witnesses. The witness requirement is universal; no exceptions.
Re: Written Will or Piece of Paper
The Will can't be legally changed by a letter that is not executed with the formal requirements of a will. If the letter was not attested to then it does not validly change the will. I'm assuming the land was owned solely by your mom and not held by a trust.
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