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Probate and will question

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Timaaron

Junior Member
What is the name of your state? Illinois



My Mothers Grandmother had a 200 acre peice of land in central illinois. In 1960, she left his land to her son (who is my mother's uncle) while he was alive and then it was to go to my Mother's Mom to use while she was alive and then by her will, it was suppose to go to my Mother and her 3 siblings. My Mothers Mom died 6 months ago and left this land only to my Mother's sister even though the original will, which we have a copy of, said it was to go to all 4 grandchildren. The will states it was only to go to my Grandmother to use while she was alive then be givien to the grandchildren. My aunt has somehow set up a trust for her two children with this land. I don't understand how she could have done this and if my Mother has grounds to fight from the original will. Also, can anyone tell me if they know the statue of limitations to contest a will in Illinois? Thanks
 


Dandy Don

Senior Member
You will need to look at her probate file to see how the land was handled (was title officially changed during probate to someone else's name? Perhaps title should not have changed names) and to see who was executor. Then consult an attorney to see if probate was done properly or not.

There is a problem in the terminology of the will--was she granting use of the land or ownership? That is what you and your attorney will need to figure out to determine whether your mother (or whoever you claim should have an interest now) is eligible to inherit ownership to the land or not.

The stipulations she made in the will about who gets what may or may not have been correct. If she granted ownership to someone else, then she has no right to stipulate what that person does with the land in their will. If she granted only usage of the land, then she may have the right to make a stipulation about what happens after the period of usage has ended.

DANDY DON IN OKLAHOMA
 

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