Legal Question in Wills and Trusts in Illinois

contest will

when an illigitimit child is excluded from their father's will,can the will be contested?i


Asked on 6/17/00, 6:17 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: contest will

Yes. "Illegitimate" children are treated the same as other children of the decedent. Your dad is of course free to leave anyone out of his will, but all children, including illegitimates will be entitled to notice of probate and be given an opportunity to contest the will.

If you are interested in Illinois representation in this matter (we are located in the Chicago suburbs), feel free to contact me at [email protected] or call me directly at (847) 991-2250. You can also check out our website at http://www.illinoisestateplan.com

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Answered on 8/16/00, 11:28 am

Re: contest will

Hello. My answer is no,

if the sole purpose for

contesting the will is that

the illegitimate has been

left out of the will, because

the testator has a right to

leave property as he or she

desires. However, the will

may be contested on the

grounds that the testator

was of unsound mind or that

the will was not his or

her free and volunatarily

act. I hope this answer

helps.

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Answered on 8/18/00, 12:39 am


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