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Ray, Lawyer
Category: Legal
Satisfied Customers: 41063
Experience:  30 years in civil, probate, real estate, elder law
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Ray. Following up to our previous conversations, can you

Customer Question

Hello Ray. Following up to our previous conversations, can you tell me how to get information on what happens to assets such as land when a person who is the ward of the state dies? Specifically in this case, a will was made but seven months later a neuro-psychiatrist
determined that this person did not have the capacity to make the will at that time. Something seems very strange here. My friend who has dementia but still knows what is going on is very worried that his land will go to the state and not the people he willed
it to. Do you have any insight on this sort of situation?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome back to JA. I am Ray and will be the expert helping you again.

The will here is a separate issue.The person may well have had legal capacity at time he made the will even though seven months later he did not .So the will may yet be admitted to probate.If there will is held to be invalid the proeprty passes under the laws of intestacy( no will).These set out specifically who inherits and their shares.Probate is court supervised with them approving everything because of a no will /intestate situation..

Expert:  Ray replied 1 year ago.

Here are those laws in Illinois..

Your friend should not despair here, if the will was prepared by a lawyer and say witnessed by his staff then you have some good witnesses to capacity and understanding what he was doing.Seven months here is a long time he may well have had proper capacity and time he made and executed the will.If it was a day or a week it would be a different story.

Thanks again for the chance to help today.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.
He will find great comfort in knowing this. Thank you, Ray.
Expert:  Ray replied 1 year ago.

You are so welcome thanks again.