Legal Question in Wills and Trusts in Illinois

My mother-in-law passed away a year and a half ago, my husband got a letter in the mail saying he was not a part of the will and that he was not entitled to anything.

Last night my husband got a phone call from his sisters husband saying he needed to sign a paper or the house would go into probate.

Why would he have to sign anything if he was not part of the will?


Asked on 9/23/10, 7:38 am

3 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Could be a legitimate request, but obviously an attorney would need to look over the relevant documents, including the will to be certain. Who sent him the letter?

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Answered on 9/28/10, 7:43 am
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Hard to tell for certain, but it sounds like maybe the house is the only asset and they are trying to use a bond in lieu of probate to sell or transfer the house. For a bond in lieu of probate, the title company is probably going to require that all heirs, including disinherited heirs, sign off on the validity of the Will. Otherwise, your husband could later go into Court and attempt to contest the Will or have it said aside, and the title company could have liability.

Of course, that's just my suspicion from what you posted, it could be something else entirely. Your husband should have an attorney look over the documents and advise him.

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Answered on 9/28/10, 8:05 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Boy, that's an excellent question. You have good reason to be suspicious. I suggest that you tell your husband's sisters to provide an explanation in writing. Then, take that explanation, along with the previous letter that your husband received, to an attorney who practices in estate administration. That attorney will be able to help you sort this out, and may do so as a free consultation. In fact, if you'd like to provide these items to me, I'd be happy to provide a brief, free consultation about this at no charge. That might be all that you need.

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Answered on 9/29/10, 2:43 pm


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