Legal Question in Wills and Trusts in Illinois

State of Illinois Probate Law. Legal Ethics; Is it considered ethical for a lawyer to draft a will that his client has him/her sign the will in the clients name and initial any other pages ? Is it ethical that the two witnesses that are signing the will are immediate family members of the afore mentioned lawyer (son,daughter,wife)?


Asked on 2/06/13, 1:23 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

As to the second question, as long as the lawyer and the lawyer's family are not beneficiaries, I don't see a problem with the lawyer's relatives acting as witnesses.

The first question I don't understand what you're saying. Are you saying that the client didn't sign the Will, but that the lawyer instead forged the client's name?

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Answered on 2/06/13, 1:27 pm
Virginia Prihoda Law Offices of Virginia Prihoda

Is the person who created the will still alive? Is that person unable to sign his or her name due to physical disabilities?

Do you have a copy of the will? If an "interested party" witnesses a will, there could be a loss of inheritance rights. It all depends. If you have a situation where you think perheps the testator's wishes are being manipulated or the future beneficiaries rights impaired, talk to a lawyer in your jurisdiction.

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Answered on 2/06/13, 1:43 pm


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