Category: Contested Wills

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]