What can we do if my mom passed, no spouse, had 8 surviving children and the only will was unsigned, not witnessed and not notarized? 3 Answers as of March 04, 2016

Family is trying to get the will legal in court. Not all of family agree on the will’s content. Is this at all possible?

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Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
A will is not a "will" unless it is signed and witnesses. Not signed means it cannot be admitted. If there is no will, then estate passes by state intestacy law.
Answer Applies to: Illinois
Replied: 3/4/2016
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
You should collect all the information you have about the unsigned Will and bring it to an attorney. There does not appear to be any indication that the Will was actually signed by your mother. There are some fact situations that will allow a copy of a Will to be probated where the original is lost. In this case you do not even have a copy of a signed Will. An attorney could evaluate the chances of a successful probate of the copy you have. Without a Will the estate will be divided evenly among the children with the share of any predeceased child being divided among the descendant of the predeceased child.
Answer Applies to: Illinois
Replied: 3/4/2016
Shimberg and Crohn, P.C. | Jonathan Shimberg
There is no will to follow. The children may agree to follow the wishes set forth in the will, but unless all agree, the children share everything equally.
Answer Applies to: Illinois
Replied: 3/4/2016
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