QUESTION
Will I be able to contest a will that lists an incorrect county of residence and misnames one of the deceased's children?
Asked on Jul 10th, 2020 on Wills and Probate - Illinois
More details to this question:
My elderly father suffered from dementia. His last wife, a much younger woman with a long criminal history and a substance abuse problem, was informed by my father's long term attorney, that unless she could provide a letter of competency from his Dr., no more changes to the will could be made. Two years later, the wife took him to another attorney to make out another will. His county of residence is incorrect as is the name of my sister. Can this will be declared invalid?
1 ANSWER
2 Awards
The examples you name would likely be considered "scrivener's errors" and resolved by the probate court issuing a Declaratory Judgment. However, if you can get the original lawyer to testify as to his apparent lack of legal capacity (and especially if that lawyer has a writing noting that at the time the stepmother sought to have the Will changed), you may be able to persuade the court that the later Will is invalid.
Answered on Jul 11th, 2020 at 5:05 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.