Legal Question in Wills and Trusts in Illinois
My brother was emitted to a hospital in late December and was released in Hospice care 1 week later. Hospice said he was incompetent. Several weeks later his condition improved and wrote a new will that was witnessed and notarized. Would this be considered a legal document
Asked on 1/21/19, 12:34 pm
2 Answers from Attorneys
Thomas Moens
Moens Law Offices, Chartered
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It is possible if he was competent at the time he signed the will.
Answered on 1/21/19, 12:41 pm
Virginia Prihoda
Law Offices of Virginia Prihoda
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The legal presumption is that the will, assuming that it was properly drafted and witnessed, is legal. There is also a legal presumption that an individual is competent until proven to the contrary.
Answered on 1/22/19, 12:49 pm