Legal Question in Wills and Trusts in Illinois
Will not notorized or filed
My grandmother passed away and had a hand written will that was not notorized. Her sister watched her write it. The day my grandmother passed away, my father was hospitalized within a few hours after she died, and later released. My uncle went to the courts and filed a petition to become excuter of the estate and it was granted. On the many times that I visited her she stated to me what she had wrote in her will, how she wanted her assets to be divided. Her home, car and land was to go to my father and the home my uncle was living in was also hers, was supposed to be given to him. My Uncle is now saying that because the will was not notorized that there was no will and everything is to be divided equally. But somehow, the house he is living in shows on the deed that it is in his name. So it is not consider in the estate. Is my grandmother's will legal and is there anything that my father can do to make sure that my grandmoter's wishes are granted? My father lives 12hrs away from Il. and it makes it hard for him to make sure that things are going the way the should be, even being divided equally. My dad and uncle do not talk, have not in a long time because of things that have happened.
2 Answers from Attorneys
Re: Will not notorized or filed
Let's start with the fact that in Illinois a will does not have to be notarized to be legal. You did not sayw whether or not your grandmother was a resident of Illinos. I will assume she was. In Illinois to be legal a will must have the signature of the testator and the signature of at least 2 witnesses that say your grandmother sign the document and also saw each other sign the document as witnesses. If those minimum requirements are not met the document does not dispose of her property. She will be treated as dying without a will. If your grandmother is a widow then both her sons have an equal right to nominate an Administrator to dispose of the assets. As to the house if your grandmother conveyed the house to your uncle, which it appears she did then it is not part of the estate. I am sure that I have not answered all your questions but there are many facts that are unknown so that I can not be more specific.
Re: Will not notorized or filed
I am not sure from the question where your grandmother was. In AR, as well as about half of the states, a holographic will is recognized as valid. The requirements are that it is handwritten by the deceased and signed. No witnesses are required in AR. Since I am not sure where she was, I am not able to tell you whether her will is valid.
As far as the house, the question is whether it was in your uncle's name before or after your grandmother passed. If she had already transferred it to him, it's his and doesn't go through the estate.
Each state has different laws for who property passes to. In AR, if your grandmother passed away without a valid will, her property would be divided among her heirs. If her husband is no longer living, it would go to her children - your father, your uncle, and any other children she may have.
I may not have answered your questions, but if I knew which state she was in, I could help you more.
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