What is the corrective action when an Illinois estate heir was looked over on when estate was being divided?

Question

The will is claimed to have been lost. there was a probate procedure but those children who were decendents of deceased decendents of the decedent were not represented in the procedures. In short, monies were distributed with personal interest in mind. I am needing information on what procedures to take in contesting the division of the estate as well as what methods to take in recovering a lost will. Thanks

Answer 1

Obviously, the first step is to get competent Illinois legal advice; second is to file as quickly as possible to get restraints on the dispersal of assets - then you can slow down and get the readjustment done correctly and equitably.

Answer 2

First of all, if there was no Will, then the Probate Court would use the laws of Intestacy to distribute.

Okay, I checked Illinois' Intestacy Laws, and the grandchildren should have gotten their deceased parents' share.

Second, the big question is "when"? If too much time goes by, you're not going to get very far.

You probably want to try to file this as soon as possible. The more time that goes by, the less likely that you can get anything more than an "oops" from the Judge.

Answer 3

Hire a Lawyer