If you believe a will does not accurately reflect the wishes of a deceased loved one due to issues like undue influence, fraud, or lack of capacity, you may consider contesting it. As a Lake County contested estates attorney, I often guide clients through the complexities of challenging a will in Illinois. One of the most critical aspects of this process is understanding the time frame within which a will can be contested.
In Illinois, the window for contesting a will is relatively narrow. Generally, you have only six months from the date the will is admitted to probate to file a will contest. This timeline is short, and you must complete this deadline to avoid losing the opportunity to contest the will altogether.
It’s of utmost importance to act swiftly once the will enters the probate process. Probate typically begins when the executor of the estate files the will with the probate court. At this point, the court officially admits the will to probate, and the six-month countdown begins. This is a critical period, and any delay could significantly impact your ability to contest the will.
You might consider contesting a will if you have legitimate concerns about the circumstances under which it was created. Common reasons include:
The process begins by filing a petition in the probate court where the will has been admitted. This petition should outline the grounds for the contest and any evidence supporting your claims. It’s a legally intricate process that often involves detailed argumentation and evidence gathering.
Probate is the legal process through which the court validates a deceased person’s will, and their assets are distributed according to the will’s instructions.
In Illinois, you must have standing to contest a will. Standing means you have a sufficient connection to the deceased and the will to bring a lawsuit. Typically, this means you are either a beneficiary named in the will, a beneficiary under a prior will, or would inherit if there was no will due to being a close relative.
If you successfully contest the will, the court may declare the entire will or parts of it invalid. In such cases, the estate would be distributed either according to a previous will or, if there is no other valid will, in accordance with Illinois’ intestacy laws. This outcome could significantly change the distribution of the estate in your favor.
Contesting a will can indeed strain family relationships. It’s crucial to consider the emotional and relational impact alongside the legal and financial aspects. In many cases, mediation might be a suitable alternative to resolve disputes more amicably. Mediation is a process where a neutral third party helps the involved parties reach a mutually acceptable agreement. It can be less adversarial and more cost-effective than going to court.
When meeting with your attorney, bring as much documentation related to the will and the deceased’s estate as possible. This includes copies of the will, death certificates, correspondence related to the will, and any other documents that might support your case.
At Orlowsky & Wilson, we are committed to helping you navigate the challenging process of contesting a will. Understanding your rights and options is the first step toward ensuring justice is served. Contact us for a thorough consultation to discuss the specifics of your case.
If you suspect that a will does not truly represent the intentions of the deceased, or if you believe there have been irregularities in how the will was executed, it’s essential to seek legal guidance immediately. At Orlowsky & Wilson, we understand the sensitive nature of will contests and are here to provide the support and legal insight you need.
You are not alone in this process. To ensure your rights are protected and you meet all legal deadlines, contact our Lake County contested estates attorneys at Orlowsky & Wilson by calling 847-325-5559 to schedule a consultation.
