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The Truth is Stranger than Fiction Provided By: Alan G. Orlowsky This story is based on a real case involving a man who created a solid plan for his estate that, unfortunately, went completely wrong. Here is what happened. In 2005, Joe Bartlett, owner of Optimum Manufacturing, created a will leaving everything except his business […]

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 […]

Small Estate Affidavits Provided By: Alan G. Orlowsky When a person passes away and leaves his or her remaining property to loved ones through a will or intestacy, a probate court must oversee administration of the assets. If the decedent had a will, a probate court will need to ensure that it is valid. In […]

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 […]