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.