Category: Wills

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

The Validity of No-Contest Clauses in Wills Provided By: Alan G. Orlowsky Some families seem to live together harmoniously and resolve all disputes and disagreements amicably. Other families seem ready to attack one another upon the slightest of provocations. Individuals with families that fall more into the second category often worry about what might happen […]

When You Don’t Believe the Executor or Administrator is Doing a Good Job Provided By: Alan G. Orlowsky  A provision found in most every will or trust is the appointment of an executor or administrator (in the case of a will) and the naming of a trustee (who oversees management of the trust). With very […]