Need Info on Will Legality in Illinois (Downs, Kane: lawyer, home)

[doll lady]

For any lawyers out there.....
Can an attorney go to a nursing home when the resident/testator is on morphine and doesn't even know his name at times.....the attorney is there with a daughter of the resident and the daughter is a good friend of the attorney.....the attorney supposedly listened to the sometimes incoherent resident to get his wishes (resident hadn't even been able to hardly speak). Then the attorney drafted the will.....which does not say "I, so and so, being of sound mind". The sound mind thing is completely omitted but the attorney signed at the bottom as a WITNESS and states the resident was of sound mind when she signed the line attesting as a witness (but no where did the testator state he was in sound mind).

The attorney took the drafted will back for signature but by this time the testator was in the hospital and under massive doses of morphine.....three days before the resident died. The same daughter who was at the nursing home to supposedly get the resident's wishes documented.....was in the hospital room at the time of the will signing....turns out this same daughter gets more than anyone else in the will, is named the executor and the wishes of the resident aren't what the resident had told the other kids when he was in better shape.
And the will has a no contest section contained....if anyone contests the will, they get nothing, zilch!

Is all of this legal in Illinois??? Can the attorney be turned in for actions like not putting that the person is of sound mind ..... going to the nursing home and hospital and knowing the testator is under the influence of heavy pain medication???? The attorney says that the only thing the kids (heirs) can sue for is that the executor isn't doing the job right.

Just wondering. Thanks.

It's tricky. The lawyer might be able to claim 'dying declaration' since that was the last time the person was coherent. Lawyers and priests can go anywhere at anytime for any reason when they are requested. It is very extreme circumstances when heirs are disinherited. The little no suit sentence stops squabbling. The Executrix has a bigger job than she every imagined and a lot of hard feelings from siblings to overcome. It won't be settled until after the sales, the final bills are paid and the proceeds distributed. It's a lovely job I wouldn't wish on anyone.

[chet everett]

Get another attorney.

You will probably need to interview several attorneys before you find someone that will be interested in helping you to challenge a will. Even if you do find such a person they will almost certainly want a fairly large retainer ($10,000 is not uncommon). If the 'imbalance' in the estate is large enough that such a fee would be worth it then you have to decide if you want to move ahead.

A lot depends on what county you might be in too -- Cook Co is going to be much slower than DuPage, Lake, Kane or Will. Downstate counties have a much different attitude about disciplining attorneys too...