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How long do you have to contest a will

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S

saof

Guest
What is the name of your state? Illinois : Peru Lasalle area. Will posted in Ottawa, Illinois. The will states I have 6 months to contest the will. Iwanted to but I didn't. Is it still too late? The person who signed the will has Alzheimers and the nurse told me he could not even recognize people so I know the one who signed the will was not mentally capable to make these decisions. Can I still contest this will or is it too late?
 


JETX

Senior Member
saof said:
The will states I have 6 months to contest the will. Iwanted to but I didn't. Is it still too late?
It would appear so. In addition to the restriction in the will itself, Ilinois state law reads:
"755 ILCS 5/8‑1
Contest of admission of will to probate; notice.
(a) Within 6 months after the admission to probate of a domestic will in accordance with the provisions of Section 6‑4, or of a foreign will in accordance with the provisions of Article VII, any interested person may file a petition in the proceeding for the administration of the testator's estate or, if no proceeding is pending, in the court in which the will was admitted to probate, to contest the validity of the will."
Source: http://www.legis.state.il.us/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+VIII&ActID=2104&ChapAct=755 ILCS 5/&ChapterID=60&ChapterName=ESTATES&SectionID=63332&SeqStart=16800&SeqEnd=18000&ActName=Probate+Act+of+1975.
 

Dandy Don

Senior Member
Why didn't you contest before the deadline?

Are you related to the decedent?

You may still want to take a copy of the will to consult with a probate attorney to find out if there is anything else you can do about this or if there is perhaps a loophole.
 

dmode101

Member
Only way you could still contest the will is if you are an "interested person" (an heir or beneficiary named in the will) and you were not given the proper timely notice. Otherwise, these deadlines are statutory and firm.
 

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