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As the founder of Orlowsky & Wilson, Ltd., and a seasoned Lincolnshire Estate Dispute Attorney with a wealth of experience, I have guided numerous clients through the complex process of contesting wills and trusts where undue influence is suspected. Understanding and proving undue influence in the context of Illinois estate law is both challenging and vital for the protection of the rightful heirs or beneficiaries.
Undue influence occurs when an individual exerts excessive pressure on someone, typically an elderly or vulnerable person, manipulating their estate planning decisions to the influencer’s benefit. This manipulation can result in wills, trusts, or other estate documents that do not truly reflect the decedent’s intentions. Proving that undue influence occurred is essential to challenge the validity of these altered estate documents under Illinois law.
Recognizing the potential signs of undue influence is the first crucial step in any case. Early identification of these signs can empower you to take necessary actions and protect your loved one’s intentions. These signs may include:
Isolation of the decedent – The influencer may isolate the individual from family and friends, thereby controlling information and access to the individual.
Sudden changes in estate documents – Changes that favor one beneficiary over others, especially if made when the individual is vulnerable, can be a red flag.
Unusual transactions – This might include significant financial transactions or changes in property titles and beneficiary designations that are inconsistent with the decedent’s previous plans.
Dependency – The decedent depended on the influencer for emotional, physical, or financial support.
Confidential relationships – The influencer had a close relationship where the individual was reliant on or trusted the influencer, which could include caregivers, family members, or legal and financial advisors.
Illinois law acknowledges undue influence as a valid ground to contest a will or trust. The burden of proof typically lies on the party challenging the will. However, suppose the challenger can establish a fiduciary relationship between the alleged influencer and the decedent, coupled with suspicious circumstances. In that case, the burden may shift to the defender of the will to prove that there was no undue influence.
Proving undue influence requires a detailed understanding of the decedent’s situation before and at the time of the estate document’s execution. As your attorney, I would approach this by:
Effectively tackling undue influence involves not just demonstrating its presence but also linking it directly to the creation or modification of estate documents. Our comprehensive legal strategies are designed to provide you with reassurance and confidence in the legal process. They might include:
Depositions of witnesses – Key witnesses, including those who were present at the signing of the documents, may provide insights into the decedent’s state of mind and the circumstances of the signing.
Forensic analysis – In some cases, forensic specialists may be needed to analyze documents for authenticity or to track financial anomalies.
Undue influence under Illinois estate law is defined as excessive persuasion that causes another person to act or refrain from acting by overcoming their free will and results in inequity.
Proving undue influence involves demonstrating that the influencer had the motive, opportunity, and capability to exert undue influence over the decedent’s estate planning decisions. This is usually evidenced through witness testimony, financial records, and medical evaluations.
In Illinois, a will contest must generally be filed within six months from the date the will is admitted to probate.
No, while a fiduciary relationship is a significant factor, you must also show that undue influence was actually exerted in relation to the estate planning process.
If you suspect undue influence has altered the intentions of a loved one’s estate plan, it’s crucial to act swiftly and decisively. At Orlowsky & Wilson, Ltd., we are committed to ensuring that justice is served. We have the experience and dedication needed to challenge such influences effectively. Serving all of Chicago, we invite you to contact our Lincolnshire estate dispute attorney at 847-325-5559 to receive your free consultation. Let us help you ensure that your loved one’s wishes are honored.