Itasca, IL asked in Estate Planning and Real Estate Law for Illinois

Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was added to the deed, but the will was never updated. What would happen in this case? There is also some question as to the executors actions since his passing and whether all of the will is even valid.

1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Estate Planning Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into joint title with your husband, then that is the state of what your father-in-law's estate owns as of his death. Based upon the facts you stated, there is no way to venture an opinion on the validity of the will. It sounds like you have some potential for conflicting claims concerning the estate property and you should seek legal consultation. Sorry I can't be more specific, but your factual statements are somewhat vague. Good luck, Bryan.

Nina Whitehurst agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.