Testator died in July 2013. In March 2014, testator's caretaker and holder of his power of attorney during later years of his life petitioned to probate a will executed in 2007, appointing caretaker as executrix and devising entire estate to be administered pursuant to a trust agreement. Two adult children of testator's late wife petitioned to contest the 2007 will, and asserted that testator had executed a valid will and trust in 2002, which would benefit them. A legatee under a prior will has standing to contest a subsequent will. No intervening wills stood between the challenged 2007 will and the 2002 will. Caretaker failed to meet her burden to establish lack of standing of 2 adult children, who, according to facts pleaded in their petition to contest 2007 will, were legatees with standing to challenge 2002 will. (APPLETON and POPE, concurring.)
Illinois Appellate Court
Civil Court
Wills