QUESTION
What legally can be done if someone files a false will?
Asked on Jun 13th, 2015 on Estate Planning - Illinois
More details to this question:
A few months before my grandfather died, he and his wife had new wills drawn up. After his death, my uncle filed his old will from 30 years ago telling family that grandpa lied and had no other wills. He then made my grandma sign a new will cutting everyone out but him. My grandma has Alzheimer's. What can we do legally? He is now using her money, keeps her at home and says she has no money for a caregiver. She had over $400,000 in assets.
3 ANSWERS
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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This is an elder abuse case that needs to be filed in court.
Answered on Jun 16th, 2015 at 6:28 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Do you have any idea where the "new will" is or who has it? If so, then get it filed and it will supercede the old will. If someone has the new will and is hiding it, then try to get a copy (from the attorney who wrote it?) and consider filing a petition to have the copy admitted to probate. As to grandma's will, after she dies then you can try to contest it based on undue influence and/or capacity. You might also want to look into having someone petition for guardianship.
Answered on Jun 16th, 2015 at 12:56 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you have the original Will then that should be filed and a probate opened based on the most recent Will. If you do not have the original Will then contact the attorney that worked on the Will with your grandparents. Under certain circumstances it is possible to open a probate using a copy of a lost Will. You will need an attorney to do that. If your grandmother has Alzheimer's she may not have been competent to sign new Will. You will need to work with her physician to determine if she is competent. You can take action to open a guardianship to protect your grandmother and her assets. If you can prove her assets have been wasted in a short time by the uncle then you may be able to recover them from the uncle. You should meet with an attorney to review the exact facts that you can prove.
Answered on Jun 16th, 2015 at 11:13 AM