Category: Wills

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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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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