W. Marvin Rush, II, built the largest commercial truck enterprise in the United States. With 100 truck centers spanning more than 20 states, Rush left a legacy when he died that included shares worth more than $70 million at the close of a recent stock market day. The problem is that his widow, who happened to have been his third wife, and his son, W.M. Rush, III, are engaged in probate litigation that has become quite acrimonious.
Rush’s son says his father signed a last will in 2006 that states he is the sole beneficiary of the stock shares. However, Rush’s widow said her husband signed two other wills since then, revoking everything in the 2006 document. In fact, she says he did not stipulate to whom the stock shares in question should pass, which means they are included in his residual estate, which she stands to inherit in its entirety.
Rush, III, claims his father suffered from dementia. He said his dad was already in grave mental decline when he signed two separate wills, both in 2013. His stepmother says her husband was in sound mind when he signed the wills and did not suffer from dementia at any time.
This is definitely not the first time stepmothers and sons have fought their way through probate litigation. If an adult child or surviving spouse in Illinois is currently facing similar issues, his or her best bet might be to rely on an experienced estate administration attorney. Such situations are often quite complex, and it helps to have someone on hand who is well-versed in probate laws.