Category: Wills

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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More