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Opportunistic (Illegal?) Acquisition of Property

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recentlyseeking

Junior Member
What is the name of your state (only U.S. law)? IL

There is an estate on my block in which the executor just recently passed away without drawing up his own last will and testament. He had no family or relatives to will the estate over to. The only person in his life was a long time female companion who he was not married to.

There was an unrelated person who began to care for this man in the later stages of his life. The last few days of this man's life were spent in the hospitals care and he did not recognize anyone nor remember anything during this time. On the day he died, this unrelated person was able to con her way into the room where he laid on his death bed by telling hospital staff that she was his family member (specifically his neice). The hospital wasn't letting anyone who wasn't family in to see him, so this unrelated person lied and said she was related. While in the room, she was able to get this dying man to sign a will she had drawn up that essentially left everything this dying man posessed to her.

Now there's a pending case that's in probate court and all assets and property will be given to this unrelated person because of the will she has unless someone steps up to contest it. I'm not sure that what this person has done is legal. In my mind, she essentially stole this property from him by getting him to sign a will while he was delirious a mere few hours before he died, where he didn't recognize or remember anyone. Plus, there was no witness in the room. The will contains a witness signature of a person who was not in the hospital room when this will was signed.

None of this sounds like it's a legit transaction. It doesn't sound right and it makes me think these people are stealing this house and property away. What's more is that they are sometimes witnessed in this dead man's house during early morning hours (3AM) cleaning it out and removing things.

This all seems very shady to me. Can anyone help with this and offer some advice?

Thank you.

A Concerned Local Citizen
 


xylene

Senior Member
Your story is confusing.

Does this person have any heirs?

If he does, they could challenge the validity of this death-bed will with an alternate will or use intestate succession rules for property distribution.

His 'female companion' is probably out of luck if he had no will.

I am also uncertain why you find the notion that he elected to transmit his estate to one of his end of life caregivers so unseemly.
 
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Peg0000

Junior Member
I agree with xylene.....
really there is nothing you can do UNLESS...... you want to file a police report on theft by swindle charges.....
I would go talk to the DA about this if it bothers you so much. Unless there is an heir to contest this "will" I don't think much can be done.
 

recentlyseeking

Junior Member
Your story is confusing.

Does this person have any heirs?

If he does, they could challenge the validity of this death-bed will with an alternate will or use intestate succession rules for property distribution.

His 'female companion' is probably out of luck if he had no will.

I am also uncertain why you find the notion that he elected to transmit his estate to one of his end of life caregivers so unseemly.
I do apologize if the original post is confusing.

I know his "female companion" is out of luck. I wasn't insinuating that anything should go to her. She was merely mentioned because that's the closest thing he had to an heir.

Also, my point is that this man was completely out of his mind when he "signed" the will. He did not "elect" to do anything. This unrelated person took it upon herself and elected to take his estate away from him. In other words, he was not of sound mind and body when the death bed will was signed. Furthermore, I do not believe that there was a witness present when the will was signed, only the two parties in the room. I think this woman obtained this will by ill-gotten means. Am I wrong to think that?
 
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anteater

Senior Member
Out of curiosity, how do you know so much about how this will was written and executed?

Am I wrong to think that?
Probably not. If you want to do something about it, try to find a relative. It is rare that someone has absolutely no relatives that would stand to inherit under intestacy.

A valid will requires two witnesses in Illinois.
 

Andy0192

Member
Furthermore, there was no witness present when the will was signed, only the two parties in the room. I think this woman obtained this will by ill-gotten means. Am I wrong to think that?
Unless you are the woman who supposedly tricked him, how can you know who was in the room? You have second hand information at best.
 

recentlyseeking

Junior Member
Out of curiosity, how do you know so much about how this will was written and executed?
A great question, it's all hearsay from the information the "female companion" has given to us. To be clear, she isn't trying to go after his estate. She feels that this unrelated person is simply stealing away this man's estate. She's in her mid-80's and doesn't have the strength or resources to properly challenge any of this and she has reached out for help.

She does, however, feel that she is being wronged. She had a CD in the sum of a very large amount of money with the deceased and now this unrelated person is taking half of it for herself. She doesn't think that any of this is right and this unrelated person is stealing all of this property and assets.
 

recentlyseeking

Junior Member
Unless you are the woman who supposedly tricked him, how can you know who was in the room? You have second hand information at best.
The hospital was only allowing family in to see the man. This woman tricked the staff and told the staff that she was this man's niece. It was later discovered from the hospital staff that she, and she alone, came to visit him shortly before he passed.
 

xylene

Senior Member
A great question, it's all hearsay from the information the "female companion" has given to us.
Perhaps her rightfully jilted feelings of rage at her long terms companions utter disregard for her in never having made a will are coloring things.

She has no basis to contest this, and would receive nothing under intestacy.

It is so unlikely that this man has no relations.

If the will is invalidated, and he has no heirs, and no other will, then its a bonanza for the state.

This includes the deceased half share of the CD - she is not getting that.

For all this, have you talked to the end of life caregiver?
 

recentlyseeking

Junior Member
Perhaps her rightfully jilted feelings of rage at her long terms companions utter disregard for her in never having made a will are coloring things.
It's inappropriate for you to assume her feelings. It has nothing to do with the legality of this situation.

If the will is invalidated, and he has no heirs, and no other will, then its a bonanza for the state.
That's exactly what we're looking for. It's better to go to the state than to an opportunistic con artist. Wouldn't you say?

This includes the deceased half share of the CD - she is not getting that.
Again, perfectly fine.

For all this, have you talked to the end of life caregiver?
Somehow she's been very difficult to reach after all of this happened. Before this man died, she participated within many neighborhood functions. Since his death, she cannot be reached for comment, almost as if she knows what she is doing is wrong and people around her are aware of it.
 

Dandy Don

Senior Member
Pay a local genealogist a few hundred dollars to do a family history/heir search report on the man. He has heirs who are eligible to claim this estate, but if they were not in contact with him or don't know they are related to him, then they won't know that they need to file a claim for the estate. The potential heirs most likely will be willing to reimburse you for this expense. Then they can decide if they want to challenge the will or not or expose its fraudulent nature. YOU have no legal standing to challenge it but the potential heirs do.
 

xylene

Senior Member
What, if anything, can be done to challenge the validity of the will that this woman has?
Someone, with standing, an heir, contests the validity of the will in probate court.

You can report this to the police, but don't expect much.

If police are involved long-term-companion still loses out, including half of the CD.
 

xylene

Senior Member
It's inappropriate for you to assume her feelings. It has nothing to do with the legality of this situation.
Her words and feelings are the sum total of evidence you have.

and

Narrative position is very important in law.

To her this person is a thief, another perfectly valid interpretation is that this is an end-of-life caregiver whose life got complicated by a windfall.

Somehow she's been very difficult to reach after all of this happened. Before this man died, she participated within many neighborhood functions. Since his death, she cannot be reached for comment, almost as if she knows what she is doing is wrong and people around her are aware of it.
Perhaps she is grieving. :rolleyes:

I am giving you both sides.
 

recentlyseeking

Junior Member
Pay a local genealogist a few hundred dollars to do a family history/heir search report on the man. He has heirs who are eligible to claim this estate, but if they were not in contact with him or don't know they are related to him, then they won't know that they need to file a claim for the estate. The potential heirs most likely will be willing to reimburse you for this expense. Then they can decide if they want to challenge the will or not or expose its fraudulent nature. YOU have no legal standing to challenge it but the potential heirs do.
This is great advice! We will give this a try. Thank you for this!

This case will be vacated towards the end of October. Do you think that's enough time for the geneologist to research this information?
 

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