Category: Contested Estates

Life Estates
Contested Estates Attorney
Posted November 16, 2017

While many testators want to leave their estates to a surviving spouse or another party, it is also not uncommon to take steps to ensure that the remainder of the estate will be available to someone else after the first beneficiary passes away.  When drafted correctly, these documents can help families avoid conflict over the […]

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The Value of Inherited Real Estate
Estate Planning Attorney
Posted October 26, 2017

When a decedent passes away and leaves real estate to a loved one or heir, the beneficiary will eventually need to find out the property’s fair market value. This is true for a variety of reasons. For example, a beneficiary will need to report any taxable gain or loss on the sale when paying taxes. […]

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Should I Contest a Relative’s Will?
Contested Estate Attorney
Posted June 21, 2017

Wills can be contested for a number of different reasons. For instance, a will may not have been signed and executed in accordance with state law or a decedent may have lacked the testamentary capacity to draft a will in the first place. However, it can be extremely difficult to successfully contest a will. As […]

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Estate Valuation
Contested Estates Attorney
Posted May 08, 2017

The value of a testator’s possessions can and does cause conflict in the administration of many estates. However, there are steps that testators and executors can take to help ensure that valuations are completed carefully and accurately. Furthermore, there are a number of federal regulations with which property owners must comply when valuing their assets […]

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Executor Responsibilities
Contested Estates Attorney
Posted April 12, 2017

Executors have many important responsibilities when it comes to administering a testator’s estate. For this reason, anyone who is considering creating or altering a will should take great care when assigning someone to be an executor. Choosing an irresponsible person to be the executor of your estate can have serious consequences, so if you are […]

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How to Avoid Estate Contests
Contested Estates Attorney
Posted March 20, 2017

Estate planning can be a complex and time-consuming process that requires compliance with a series of procedural rules. Failing to comply with these regulations can lead to a will being contested, so if you live in Illinois and want to ensure that your own will or trust is created in accordance with state law, it […]

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Defending a Will Contest
Posted January 23, 2017

While many will contests are based on a valid belief by an heir that a testator was taken advantage of in his or her old age or that a will was forged and so does not represent the testator’s wishes, others are the result of complaints by disgruntled family members who believe that they did […]

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Contesting a Will: Undue Influence
Posted September 22, 2016

  Contesting a Will: Undue Influence Provided By: Alan G. Orlowsky One of the most common reasons that family members dispute a will or estate is the concern that the testator was the victim of undue influence. Courts are reluctant to override a testator’s wishes, so it can be difficult to establish that undue influence […]

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How Do I Defend A Contested Will?
Posted July 13, 2016

How Do I Defend A Contested Will? Provided By: Alan G. Orlowsky In Illinois, the executor of an estate has a legal obligation to defend the will in the event it is contested by parties who believe they have a financial standing in its execution. Whether the petitioners of the contest are beneficiaries named in […]

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Do I Need A Lawyer To Contest A Will In Illinois?
Posted July 07, 2016

Do I Need A Lawyer To Contest A Will In Illinois? Provided By: Alan G. Orlowsky If you or your family is considering contesting a will in Illinois probate court, you may have many questions about how the procedure works. The Illinois Probate Act of 1975 lays out specific mechanisms that will govern the legal […]

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