Category: Wills

Do You Really Have Grounds to Contest a Will?
Estate Planning Attorney
Posted October 21, 2020

Challenging the validity of a will isn’t a simple undertaking, so if you believe a loved one’s will is not valid, should conduct a careful assessment of their situation before moving forward. For help determining how strong your own case is, please contact Alan G. Orlowsky today. Can You Prove the Decedent Was the Victim […]

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Will I be Barred from Contesting a Will if I Fail to Bring an Action Before the Six-Month Deadline?
Contested Estates Attorney
Posted September 16, 2020

Illinois law provides a six-month period after a will has been admitted to probate, in which a person can contest the document’s validity. In most cases, those who miss this deadline will be strictly barred from contesting the terms of the decedent’s will. There are, however, a few exceptions to this rule, so if you […]

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Contesting a Will in Illinois
Estate Planning Attorney
Posted July 23, 2020

Losing a loved one can be difficult to accept, even under the best of circumstances. Concern that a relative’s estate is not valid, or a representation of that individual’s true feelings can make an already emotional period even more troubling. Fortunately, a decedent’s heirs need not accept the terms of a fraudulent or coerced will […]

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Options for Leaving Your Home to a Loved One
Posted May 08, 2020

Homes are often a person’s most valuable asset and it is not uncommon for people to want to leave those homes to their children or other heirs. However, leaving a home to a loved one can be a complicated endeavor. You want to make sure your family home stays in the family, even after you’re […]

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How the Doctrine of Election Affects a Beneficiary’s Ability to Contest a Will
Contested Estates Lawyer
Posted November 15, 2019

The doctrine of election is a legal principle that prohibits beneficiaries from challenging the terms of a will if they have already chosen to receive benefits under the same provisions. Determining when this doctrine is triggered can be difficult, so if you need help determining whether this theory could bar your own attempts to contest […]

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How Difficult is it to Contest a Will?
Estate Planning Attorney
Posted May 22, 2019

Losing a loved one is one of the most physically and emotionally draining experiences a person can go through. This is especially true in situations where a grieving family member has concerns about the legitimacy of the deceased’s will. Deciding whether or not to contest a will can be a difficult decision, as these procedures […]

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Who Can Contest a Will?
Posted March 26, 2019

Under Illinois law, certain individuals who believe that a loved one’s will does not actually reflect that person’s wishes, whether because of undue influence, incapacitation, fraud, or improper execution, are often able to contest the will itself. However, even if evidence of fraud or undue influence exists, a person can only contest a will if […]

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What Steps Do I Need to Take If I Want to Contest a Will?
Contested Will Attorney
Posted February 18, 2019

Are you concerned that your loved one’s will was not made according to his or her actual interests? Or did you recently lose a loved one and learn that another will was drafted toward the end of his or her life at a time in which capacity was in question? Not all states allow individuals […]

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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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