Estate Litigation Law Firm Arlington Heights, IL
If you believe something in your deceased family member’s will is incorrect, you may wish to hire an estate litigation law firm Arlington Heights, IL residents trust. It is very difficult to contest a will on your own because the majority of them pass through probate just fine. If you have an experienced lawyer on your side, however, you may have a better chance to contest the will.
Here are some common reasons why wills are challenged.
It should be completely up to the testator what to include in his or her will. However, as some people get older, they may become mentally or physically weaker and get influenced by other people easier. For example, one family member may try to convince the testator to leave all of the property to him or her. This person may even make threats toward the testator and isolate him or her from other family members.
Lack of Capacity
When signing a will, the testator must be of sound mind. He or she should understand who will inherit the assets and the legal effect of signing a will. If you believe that the testator had dementia or senility when signing the will, you should contact an estate litigation law firm in Arlington Heights, IL. In order to contest a will based on mental capacity, you have to prove that the testator didn’t know the consequences of creating the will when it was drafted.
In Illinois, there has to be least two adult witnesses present at the signing of the will. These witnesses can’t be named as heirs in the will. Failing to sign a will with sufficient witnesses present is one of the most common reasons why wills are contested. If you don’t think there were enough witnesses present at the signing of the will, you should consult an estate planning lawyer Arlington Heights, IL residents count on.
A will can also be challenged if you can prove that it was procured by fraud. For instance, the testator could be given a document and told that it’s a power attorney when it is actually a will. If the testator signs it, it is fraud. However, it can be challenging to prove because the testator can’t be asked what he or she was thinking when signing the will.
Do You Want to Challenge a Will?
If you think that your loved one’s will is invalid, it is important to schedule a consultation with an estate litigation law firm in Arlington Heights, IL as soon as possible. He or she will assess your case and determine if it is possible to challenge the will or not. Call Bott & Associates, Ltd. today.