Writing a will is an essential part of your estate plan. This vital document states your wishes for your assets to be distributed to beneficiaries. However, someone can contest your estate if a will is not done correctly. Talk to a contested estate attorney in Illinois today if you are worried about this problem or want to contest an estate.
This is understandable if you or a loved one is disappointed with how a will comes out. But it is not enough to contest the validity of the will. Without more, disappointment in the outcome of a will reading is not enough to challenge it in probate.
A contested estate also called a contested will, is a challenge to someone’s will. A fight over an estate will make probate more expensive and complicated. It also can make the person’s passing more upsetting for those left behind.
The Illinois Probate Act states that an ‘interested person’ is allowed to contest a will. An interested person is broadly defined under the law. This person can be someone who has a financial interest, real estate property right, or status as a fiduciary that could be affected by how the estate is administered.
An interested person in an Illinois estate contest usually means a spouse, heirs, creditors, and legatees. It also may be anyone who could be entitled to a spouse’s financial award. The Act also states that the right to contest an estate can descend to heirs, grantees, representatives, and assignees.
There are several ways that you or your heirs could contest your estate. That is why it is essential to talk to an estate planning attorney in Chicago:
The person who prepared the will in this state must possess the mental capacity to know what the will contains and how it will affect beneficiaries. They also must understand the size and scope of their assets.
To prove a lack of capacity, the beneficiary must show medical evidence that the deceased had a diagnosed mental condition such as dementia that calls into question that the person was in their right mind.
If a person acts in self-interest and put pressure on someone to get better treatment in the estate, the court can set aside the will because of undue influence. The beneficiary must demonstrate that the person put such pressure on the deceased to influence what they receive as an inheritance.
Are you a beneficiary who is upset about an estate? Or do you worry about your estate being contested after you pass away? Orlowsky & Wilson possesses 30 years of experience helping Illinois families perform estate planning and contest estates.
Our lawyers are pleased to work with people in these Illinois communities: Lake County, Chicago, Libertyville, Northbrook, Gurnee, Glenview, Grayslake, Lake Zurich, Lake Forest, Buffalo Grove, Vernon Hills, Highland Park, Wilmette, Deerfield, Arlington Heights, and Wilmette. Contact our contested estate attorneys at (847) 325-5559 if you have legal questions about a contested estate.