Opportunistic (Illegal?) Acquisition of Property

[xylene]

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.

Perhaps you should realize that tricking a hospital in regards to visitation policy does not mean the will is invalid.

 

[recentlyseeking]

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.



Perhaps she is grieving.

I am giving you both sides.

You make a good point. It's hard to not let emotion influence the thought process. But something smells real fishy with this whole situation and I want to be sure we do everything we can to prevent a robbery from occuring.

 

[Zigner]

Neither you, nor your "friend" have any standing to do anything in this matter.

 

[recentlyseeking]

Neither you, nor your "friend" have any standing to do anything in this matter.

So then it's safe to say that if I troll around hospitals looking for people on death's door I can simply have them sign a will that I brought along with me and claim their estate as my own? Because that's essentially what happened here.

 

[xylene]

So then it's safe to say that if I troll around hospitals looking for people on death's door I can simply have them sign a will that I brought along with me and claim their estate as my own? Because that's essentially what happened here.

No, that is not essentially what happened here.

 

[recentlyseeking]

No, that is not essentially what happened here.

Hypothetically, let's assume that is EXACTLY what happened. We still have no recourse against this will. Correct?

 

[KnownOne]

Hypothetically, let's assume that is EXACTLY what happened. We still have no recourse against this will. Correct?

Yes. Now let it go.

 

[anteater]

Hypothetically, let's assume that is EXACTLY what happened. We still have no recourse against this will. Correct?

Correct.

(755 ILCS 5/8‑1) (from Ch. 110 1/2, par. 8‑1)
Sec. 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.

(755 ILCS 5/1‑2.11) (from Ch. 110 1/2, par. 1‑2.11)
Sec. 1‑2.11. "Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property right or fiduciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limitation an heir, legatee, creditor, person entitled to a spouse's or child's award and the representative....

Find an "interested person."

 

[nextwife]

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.

The executor is not the owner of the house. The will of the party for whom he was the executor would still need to be probated. The amily or lack of family of the executor would not necessarilly have any bearing on the entire prior decedant's estate, other than that estate needing to appoint a replacement executor. Who is entitled to inherit from the estate of the decedant for whom the executor was appointed? That estate should still be disbursed in accordance with the wishes of that decedant, not the executor.