Mouse chewed on mother's will; is it a serious problem?

[Michael2]

What is the name of your state (only U.S. law)? Illinois
My mother showed her original will to my brother and I a few weeks ago.
My father passed away in 1996, and my mother has not re-married and has no intention to re-marry.
A mouse had chewed on the paper upon which the will is printed quite a bit.
The writing was almost all there and the signatures (witnesses, etc.) are all there, so it is readable.
My mother did not know if her lawyer had another copy and forcefully declined to pursue the matter when my brother and I expressed concern.
My mother said she was now storing the will in a fire safe where mice could not get to it.
Is it highly likely that there might be a serious problem with the estate because of the damage to the original will?
Due to my mother's feelings on the subject, my siblings and I are not going to bring up this subject again unless there is a potential for a very serious problem.
I would appreciate any URLs for information that would be relevant to this specific issue.

 

[nextwife]

So, if dad died in 1996 (that's 14 YEARS ago) why does mom still have the will at home? Why wasn't it filed and probate done THEN? Is anything still titled in dad's name? The purpose of the will is to transfer assets after ones death IN ACCORDANCE WITH THEIR WILL, not to sit in a drawer for decades. If there are named deneficiaries, filing the will and being appointed by the probate court as pr or executor is what gives a party the legal right to distribute assets.

What happened to his separate assets when he died? Why are you asking about his will a full 14 years after his death?

Mom can make a new will if the damage is problematic, as to her estate.

 

[CLJM]

Nextwife,

I believe the OP, Michael2, was referring to his Mother's will, not his late Father's will.

 

[justalayman]

since nobody here has seen the will, it is impossible to determine if there would be a problem or not. Obviously, there could be a huge problem like the court ruling the will void due to something critical missing. Even if they accept the will as valid, what happens if a word or two not readable is the difference between somebody getting (all) or (none) of one of the assets.That one word missing could be the million dollar word.

Of courser it could cause big and insurmountable problems but it's mom's will and if you piss her off, you might become the disinherited heir.

 

[nextwife]

Nextwife,

I believe the OP, Michael2, was referring to his Mother's will, not his late Father's will.

Mom is alive, so replacing her will is really not that big a problem.

 

[Michael2]

clarificaton

Nextwife,

I believe the OP, Michael2, was referring to his Mother's will, not his late Father's will.

That is correct. I included the information about my mother's marital status to indicate that my mother's will is not likely to change before her death (unless someone makes mother angry when insisting that she procure an undamaged copy of the will...).
I also included the information about my mother's additional refusal to take action of any sort such as getting an undamaged copy of the will, to emphasize that neither I or my siblings is going to bring up the subject unless there is some specific likely legal reason the will would not be declared valid for probate.
It is obvious that damage is not desirable.
Is it likely that the described damage would cause the will to be thrown out for a specific reason, such as some obscure Illinois statute that prohibits probate on a will that has been damaged by small furry mammals?
As I stated before, I would appreciate a URL or other legal code referral that refers to the specific circumstances.

 

[justalayman]

I don't think the statutes specifically considered mouse damage of a will.


Like I said before, nobody here has seen the will.


If it is readable, then it should be fine but once mom passes, it is too late to do anything about it. If there is something not readable on the thing, then that will be a problem. How big of a problem will depend on what is missing. If enough critical info is missing, it might cause the entire will to be ruled invalid. If only a word or two is missing and the intent is easily discernible and especially if nobody contests the will, then it probably won't be a problem.

The only way you are going to get much of a dependable answer is to take the thing to an attorney that deals with probate in Illinois and have them look at the thing and give you an opinion. By the time you do that, it would probably be just as simple to make sure there is a good copy of the will stored is a mouse proof container.

 

[anteater]

As I stated before, I would appreciate a URL or other legal code referral that refers to the specific circumstances.

I don't think that you are going to get that here. Statutes usually don't address what happens if parts of legal documents end up as appetizers.

Generally, courts will go out of their way to see that the clear intent of the testator is carried out. It will likely depend upon which provisions the rodent found to be particularly tasty.

But, let's say that the will is declared invalid. Would the distribution of your mother's estate be different under intestacy than under the provisions of the will?

 

[Michael2]

Thanks

I don't think that you are going to get that here. Statutes usually don't address what happens if parts of legal documents end up as appetizers.

Generally, courts will go out of their way to see that the clear intent of the testator is carried out. It will likely depend upon which provisions the rodent found to be particularly tasty.

But, let's say that the will is declared invalid. Would the distribution of your mother's estate be different under intestacy than under the provisions of the will?

Thanks for the input.
If there is not some specific statute or precedent involved, then nothing is going to get done by anyone.
Assuming no drastic family changes from the current situation (which would probably require a re-written will anyway), the distribution of my mother's estate would be identical (if my memory is accurate) under intestacy or the provisions of the will.
Fortunately, my siblings and I get along well.
The will allows all 4 siblings as co-executors, which would give me pause if we did not all get along well.

 

[xylene]

Hinges on the likelihood of being disinherited...

If your mom is on a hair trigger about to disinherit people... maybe keep mum and go with the probability that the will should be OK.

Now, if this is your mom who loves you, be honest.

A few chew marks?

Her will is badly damaged, and this could cause expensive problems for the heirs she loves and to whom she wants to pass on her legacy.

If mouse damage occurred, there is certainly more problems with the documents than chew marks.

I know mice. I also know archival paper storage.

The mice certainly urinated and defecated on the will. While gross, it is also a big deal for the structural integrity of that paper. That paper is compromised, at risk of profound growth of chemical damage, mold, fungus, and bacteria growth (if that has not begun already) and will deteriorate, significantly, and rapidly in all likelihood.

The paper is not a rare book heirloom. What it means is what is important, thus can and should be replaced, asap.

Tell her you all (siblings) will pay to get a new will drafted and the like with a good lawyer who will give mom an original for her fire safe an keep a valid copy on file in case of any further damages... And get it printed on some real nice archival linen paper and keep is safe from moisture and rodents!

Throw in some estate planning advice with the lawyer. Make some lemonade from this mouse ... and it will be OK.

 

[justalayman]

Make some lemonade from this mouse ... and it will be OK.

now that just sounds nnaaasssssttyyyy!! Mouse lemonade

Do you run it through the blender or just steep it in hot water?

 

[Kiawah]

You could use the need to get a medical living will in place, and possibly a financial Power of Attorney, to also then update the will at the same time. You'll need these documents for someone to make medical decisions for her.