I'm very sorry for your loss. I agree completely with my colleague. You should contact a probate attorney in your area immediately. The named executor has a responsibility to get the will admitted to probate, and that may be your opportunity to challenge it on the ground that he lacked testamentary capacity at the time he executed the will. You say he was "unstable," but you would have to prove that he was under duress at the time he signed the will, or that he was not mentally capable of understanding what he was doing ("lacked testamentary capacity"). If you can find people or other evidence which supports that, you may be able to prevent the will from being admitted. If the will is not valid, then your father's estate will flow to his "heirs," which would be his spouse and children. Best of luck.
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You need to contact a local probate attorney. Testamentary capacity is a very low standard and if your father never revoke the Will it will most likely been deemed valid. With that said, your Uncle would have to probate the will to succeed to your father's interest.
You also should talk to an attorney because if your father made promises to you about the business that you relied on, you may have some claim to at least partial ownership. I do not know Illinois law so I wouldnt even opine. Again, you should consult a local attorney immediately.
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I also agree with the others; see an attorney and the likelihood is that the will "will stick" - the date of the will is really irrelevant. HOWEVER, there is always the chance to prevail on your uncle to "disclaim" the will in which case, if there is no other named beneficiary and the estate does not then default to something like a charity (some wills provide for this) or to some kind of testamentary trust (for whose benefit I couldn't even begin to say), then you and your sister MAY be next in line as heirs. The will must be reviewed in its entirety first to plan a strategy. PS whoever is named as executor is supposed to file it in court w/in 30 days of death.
It appears that you have checked back here to read my colleagues answers, and if so you probably have already contacted and attorney. You surely shouldn't give up on something that means so much to you. In particular, your uncle's (father's brother) desires may bring the property back to you even if the will, and your father's distribution to your uncle stand via probate. I say this to suggest that you reach out to and cooperate with your uncle if at all possible. Best wishes to you, and my condolences to you and your family for your loss.
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