Written by: Kerry R. Peck
Often an elderly person who is afflicted with Alzheimer’s disease is the subject of undue influence by someone to change their Will. Unfortunately, unscrupulous relatives take advantage of the older adult persuading them to write a new Will favoring the wrongdoer and cutting out other family members.
Illinois law allows the filing of a lawsuit to overturn the Will that is the product of undue influence, but it must be filed within six months of the death of that person. Undue influence is defined as “any improper or wrongful constraint, machination or urgency of persuasion whereby the Will of a person is overpowered and he is induced to do or forbear an act which he would not do or would do if left to act freely”. The undue influence must be directly involved with the signing of a new Will.
A claim asserting the lack of testamentary (mental) capacity is often filed in conjunction with a lawsuit for undue influence. Testamentary capacity is defined as the ability of a person to understand or recognize the natural objects of their bounty, generally family. People that have Alzheimer’s disease are susceptible to both undue influence and are often lacking the mental capacity to sign a Will, Revocable Living Trust and Power of Attorney documents.
If you believe your loved one has been exploited by someone to write a new estate plan, contact Peck Ritchey, LLC for a no cost initial consultation. Peck Ritchey, LLC is the legal education partner of the Alzheimer’s Association Illinois Chapter. Managing Partner, Kerry R. Peck, served on the Board of Directors and frequently gives legal education seminars for the Alzheimer’s Association. For more information, contact Peck Ritchey, LLC at (312) 201-0900. We have convenient suburban offices in Lake Forest, Northbrook, Oak Brook in addition to our main office in Chicago. We are happy to welcome you to our client family.
The Law firm of Peck Ritchey, LLC, affiliated for many years with the Illinois Chapter of the Alzheimer’s Association, has recently been named the Legal Education Partner of the Association. Kerry Peck, Managing Partner of Peck Ritchey, LLC serves as Chair of the Illinois Supreme Court Commission on Elder Law and previously as President of the Chicago Bar Association. Mr. Peck is Co-Author of Alzheimer’s and the Law and Don’t Let Dementia Steal Everything, books which he wrote at the request of the American Bar Association. Kerry Peck served on the Association’s Board for many years and the Law Firm was honored last year by the Alzheimer’s Association. Peck Ritchey LLC is a one-stop shop for families navigating the devastating effects of a loved one with Alzheimer’s Disease.
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