Legal Question in Wills and Trusts in Illinois

My father passed away today. I have not spoken to him as he disowned me for being gay in 2009. My aunt called to tell me I am not on the will but some lady that he met at church less than a year ago gets everything and they just made the will 30 days before he passed away. Do I have any legal rights or should I just not even bother with it?


Asked on 8/01/17, 9:18 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

You have the right to obtain a copy of the will,. Upon a testator's death, his will is required to be filed with the clerk of court of the county in which the decedent resided and it becomes a public document. You have the right to be notified of the pendency of any court case if your father's estate is subject to probate. You have the right to contest the will but only if you have strong evidence of undue influence or that your father was not of sound mind at the time he wrote the will. Gathering evidence would be an uphill struggle due to your lack of contact in recent times. My condolences on the loss of your father. As you know, his inability to honor you as his son reflects only his shortcomings.

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Answered on 8/02/17, 7:22 am


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