Contesting a will

[kevrm]

I live in Illinois. My mother passed away in Jan 2000, she had been ill for several years. I had cared for her the last 3 or 4 years while she had underwent 6 way bypass and several strokes. Then she came down with cancer. She had a will made in which I was to recieve the majority of her assests for taking care of her so long. She had already gave my brother his share before she passed away. There are 3 of us children and after she died a new will suddenly shows up. The will was filed on Jan 26, of 2000. Her doctor has told me she was in no condition to make a new will 3 weeks prior to her death as she was on like 20 diff medications some of which were strong pain meds such as morphine and codiene. She was also on public assistance with her medical bills so the state filed a lein against the 20 remaining acres of her land. I didnt file a contest because the attorney I spoke with said it would be costly and then I would have to purchase back the real estate from the state. This property has been in my family for about 45 years now and I would like to keep it. Now I have found out that because I am a disabled adult the state has released the lein on my portion. My question is first is it too late to file a contest? Secondly the will was filed but as far as I know hasnt been probated.My sister and I are not speaking with the other brother at this time. So we have no clue as to how to proceed. Thansk for any help.

 

[dmode101]

I am an Illinois probate attorney. There may be an additional opportunity for you in addition to the others you mentioned. Illinois law has created a statutory custodial claim that gives a personal caregiver a claim against the estate is the following requirements are met:

(1) The caregiver must be a parent, brother, sister or child of the decedent;
(2) The personal care of the disabled person must have been for at least 3 years prior to death; and
(3) You must have lived with the decedent in connection with the care.

From what you said, the only one I can't tell is (3). The minimum claim is based on the nature and extent of the disability: 25%=$25,000, 50%=$50,000, 75%=$75,000, and 100%=$100,000. Again, these are minimums. Also, tis is in addition to any other claims you may have, including a reasonable claim for nursing care. As far as whether this claim takes precedence over the state's possible lien, I am not sure.

This "claim" is not a "contest". But, similar to a contest, it doesn't really come into being until the will is probated. Someone probably needs to probate the estate to get the issues decided.

Check out my website at http://www.illinoisestateplan.com and feel free to call me if you are interested in representation for this matter.