Category: Wills

The Importance of Keeping Your Original Will
Estate Planning Attorney
Posted March 27, 2018

There are a number of reasons that a person can contest a decedent’s will, including that the decedent lacked testamentary capacity to execute the document or that a will was not properly signed or witnessed. While these types of situations do exist, in which case, it is important for a decedent’s heirs to bring the […]

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Holographic Wills: Are They Valid?
Contested Estates Attorney
Posted January 22, 2018

Under Illinois law, only wills that comply with specific rules are considered valid. For instance, all wills must be in writing, while the testator must be at least 18 years old and have sufficient mental capacity to know what he or she is doing. Finally, the will must be signed by two credible witnesses. To […]

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Planning an Estate When You Own Property in a Foreign Country
International Living Wills
Posted April 25, 2017

The estate planning process can be difficult, especially when a testator has a number of different types of assets or multiple competing relatives. The process can become even more confusing, however, when a testator owns real property in a foreign country, as not all countries recognize U.S. wills. To ensure that all of your property […]

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Partial Invalidation of a Will
Posted February 07, 2017

Generally, courts are reluctant to revoke the will of a testator and only do so when there is compelling evidence that a will was signed under duress, the testator lacked testamentary capacity, or that another existing will revokes a prior document. These challenges must be brought within six months of the will’s admission to probate […]

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Changing a Will or Trust
Posted January 05, 2017

In many cases, testators think that their job is done once they have created a will. However, the reality is that our lives are constantly changing and there’s a good chance that by the time of a person’s death, he or she will not be in the same circumstances that he or she was in […]

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Creating a Living Will
Posted December 20, 2016

Most wills take effect as soon as a testator passes away. There is, however, a different type of will, known as a living will, that becomes effective prior to death. These types of testamentary documents are most often used in situations where a person has become too ill to make his or her own medical […]

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Contesting a Will Based on Revocation
Posted December 05, 2016

Illinois courts are wary of revoking a person’s will as it is generally presumed that testators are competent at the time of a will’s execution. However, there are a few ways that an heir or family member can contest the validity of a will, one of which is to claim that a will was previously […]

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Contesting a Forged Will
Posted November 08, 2016

Contesting a Forged Will Provided By: Alan G. Orlowsky Courts are reluctant to throw out a person’s will because of the presumption that wills represent the intent of their makers. However, in some cases, it is possible to overturn a will if there is evidence of fraud, undue influence, or forgery. Because of the state’s […]

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Contesting a Will Based on Lack of Testamentary Capacity
Posted October 03, 2016

Contesting a Will Based on Lack of Testamentary Capacity Provided By: Alan G. Orlowsky When a beneficiary has reason to believe that a testator did not have the mental capacity necessary when creating a will, he or she can attempt to have the will invalidated. In Illinois, courts presume that testators possessed the requisite capacity […]

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What Are the Statutes of Limitations for Wills in Illinois?
Posted August 04, 2016

If you are a beneficiary or potentially have an interest in the estate of a deceased individual, there are important deadlines you should be aware of. Illinois, like most states, sets forth time deadlines, known as statutes of limitations, for various aspects of an estate to ensure timeliness and expediency of the process once the […]

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