QUESTION
Changing distribution of assets in my father's will
Asked on Jul 30th, 2013 on Wills and Probate - Illinois
More details to this question:
My father is my only living parent. There are three siblings. I am executor. One sibling lives out of state. Myself and my brother here have cared for our father since our mother died. Out of state brother has not really been part of family for many years. Current will splits all assets equally among the three of us. My father would like to change will to give out of state son one set amount and leave the rest to be split between myself and my other brother who lives here. Is this possible to change and how much would this cost? Also, does the out of state brother need to know of this change and could he contest it?
1 ANSWER
Estate Planning Attorney serving Batavia, IL
at
Drendel & Jansons Law Group
Update Your Profile
Any attorney who does estate planning can prepare a Will for your father at your father's direction. As these situations often lead to claims of undue influence and the like, the attorney should meet alone with your father and be directed by your father, alone, in what changes he wants to be made. Wills can be changed at any time by the testator (person who's Will it is). The beneficiaries (like your brother) do not need to know and have no right to know what is in the Will until after death. Cost will depend on the attorney who does the Will and how much is involved to prepare a Will that your father directs. Some attorneys charge flat fees; some charge hourly. He will need to ask ip front. You will find that there is a range, which usually reflects the years of experience, skill level and other things. I would not make cost the main factor, though it obviously is a factor to be considered. The main factor should be finding a reputable, experienced attorney who has a good client rating.
Answered on Jul 31st, 2013 at 6:41 PM