Is a will valid if it was done personally by the subject and notarised?? How can it be fully protected.?

Question

Elderly mom is concerned about my brother who is 37 on drugs and despirate. He has gone to her bank. Charter one 103 Vincines, Chicago and charmed the male teller into adding his name, then he wiped out her life savings in three months. He has been banned. She wants to make a will to exclude him. Is there a way to do this on her own.

How can a will be formulated so that it is
inchallenged and fully protected? Is notarised good enough?

Answer 1

There are other issues involved here as well.

Your mom needs to contact the bank, and hold the bank responsible for the actions of the teller in adding his name to the account, if that is in fact what happened. Its a violation of good business practice, as well as banking law to be able to walk into a bank and then add one's name to an account. Its a serious crime as well.

I would contact an attorney for a couple of reasons:
1) Your mother needs a properly drawn will, according to the laws of the state of Illinois. DO NOT use a do-it-yourself will kit, etc. Lawyers love them, because lawyers make a lot of money fixing the messes that people create with them.
2) Your mother also possibly has a cause of action against the bank. The teller/bank officer, as an agent of the bank, should not have added his name to the account without your mother's permission. This permission should have been in writing. I don't know enough of the facts to see what exactly happened, but if its exactly as you described, the bank is on the hook as well.

For a referral to an attorney, contact your local or state bar association.

Answer 2

Sadly, a will can always be challenged no matter how well it it written.
You always hear about the famous ones like Anna Nicole Smith.
She is still in court fighting with the son for big bucks.

My mothers will had my oldest sister listed as executor and my younger sister challenged it and got herself named.
It is always better to consult an attorney. Many lawyers will do a simple will for a couple hundred bucks or less.