Legal Question in Wills and Trusts in Illinois

Breaking a Will

Under what circumstances can a Last Will be broken in Illinois?

A friend died recently leaving her house jointly to her 2 daughters. Her Will named the youngest as Executor since she had lived with and cared for her mother for over 20 years. The mother had agreed to quit claim the house to her younger daughter who had cared for her but cancer took over before that was done. The younger daughter had been responsible for cleaning, maintenance, etc. of the house and had invested much money in improvements to the house. The oldest daughter never helped care for the mother or assist in any way. Now she wants 1/3 of the value of the house. The younger daughter cannot afford to do this. Is selling the house (in today's ghasly market) the only thing that can be done? Or can the younger daughter/Executor challenge the Will? She is still awaiting the death certificates so has not talked with an attorney yet but I am very worried for her.

Asked on 3/21/09, 8:38 pm

1 Answer from Attorneys

Diane Ainsworth Ainsworth & Associates PC
0 users found helpful
0 attorneys agreed

Re: Breaking a Will

[Disclaimer-nothing in this response is to be viewed as legal advice or as creating an attorney-client relationship]

A valid will cannot "be broken" anywhere. And why should it be. The property never belonged to your friend in the first place so why does she believe she is entitled to it? Her mother did what she wanted to do with property that belonged to her. Her sister is giving her a deal. She should take it.

Read more
3/22/09, 7:39 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

8804 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino & La, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now