Legal Question in Wills and Trusts in Illinois
We have an elderly aunt with dementia, who is now under Hospice care. We are trying to locate/sort out her paperwork, and have stumbled across a will that was written years ago. It has sections where she appears to have been "crossing off" people as they died, and handwriting in different amounts that she wants to give other relatives, charities, etc.
We are wondering whether the will, with her handwritten "revisions," is now 1.) considered completely invalid, OR 2.) would just the original typewritten and witnessed document still be considered valid, OR 3.) would the original will along with her handwritten changes be considered legally binding?
3 Answers from Attorneys
I would suspect that (2) should be the correct answer. The crossouts will not be valid unless those changes were witnessed in the manner required by statute. It shouldn't be completely invalid unless there is indication that aunt intended to revoke the Will.
One way or another though, it will probably end up in litigation and decided by a probate judge.
I agree with Mr. Gottlieb's answer. But it is possible that the handwritten changes could be considered a revocation of the will.
Before you resign yourself to litigation I recommend getting everyone who has an interest in the matter together and negotiating a Family Settlement Agreement. You will still need representation but it is far less costly than a court battle. Good luck to you.
www.legacylaws.com
Mr. Gottlieb and Mr. Turza offer good advice. Here's another suggestion. While your aunt suffers from dementia, she may still retain the capacity to create a new Will. The requirements are quite minimal. If she still recognizes you, there is a chance that she still has the necessary level of mental capacity.
However, you should tread very cautiously in this area. If you are too involved in the drafting of a new Will, any distribution to you or your immediate family could come under suspicion. Further, you should have your aunt evaluated by a professional to determine if she can still understand what she's doing by making a new Will.
Feel free to call me for a free consultation about this option and the others mentioned above.
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