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.
Undue Influence
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.
Insufficient Witnesses
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.
Fraud
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.
Family members who are grieving the loss of their loved one may need help from Bott & Associates, LTD., an estate litigation law firm in Arlington Heights, Illinois you can trust to get you through hard times. We understand that the last thing your loved one probably wanted was for their family to deal with a litigation issue regarding their estate. We can empathize with how sensitive of a time this is, and how people can act in strange ways when money is at stake.
An estate planning lawyer Arlington Heights, IL families depend on is aware that estate litigation may be what ultimately drives a family in two, and we can offer words of wisdom and counsel during this time.
Avoiding Litigation
One of the best ways to avoid litigation is for a strong estate plan to be created, with guidance from our estate litigation law firm in Arlington Heights. In an estate plan, wishes must be made very clear, financial planning must be set, and only people who have the grantor’s best of interest in mind should be appointed to hold estate-related roles after the grantor has passed on.
Reasons Estate Litigation Occurs
Even with the best plan established, there are no guarantees that litigation will not arise. People can file a petition or sue for almost anything, and it can be difficult to know which family members will become disgruntled in the future. Examples of the most common reasons why estate litigation happens that the team from our Illinois estate litigation law firm in Arlington Heights has likely handled in the past include:
-Lack of Capacity: By law, the grantor must have had a certain degree of mental compentency in order for a trust or Last Will and Testiment to be considered valid and legally-binding. The grantor had to have understood what he or she was writing, such as how estate assets will be handled and who is appointed as beneficiaries. A trust or will may be considered void if the grantor’s lack of capacity can be shown through evidence.
-Lack of Formalities: For most states, a trust or Last Will and Testament must have been signed by the grantor, witnessed, and then signed by two parties who are unrelated to the contents of the document. A Last Will and Testament or trust may be contested if it wasn’t properly written, signed, or witnessed based on law.
-Undue Influence: When a grantor who was coerced into creating or altering a trust or will by another individual, this is referred to as “undue influence”. The person who committed the coersion may have been a friend, advisor, health care worker, relative, or elder care nurse. Elder loved ones with conditions that impact their mental and physical function may be particularly vulnerable of undue influence. If you suspect that your loved one was the victim of undue influence, then please notify an attorney from our Illinois estate litigation law firm immediately.
During this time we can take on the paperwork aspect of things while you focus on grieving and healing your family. Please contact us at Bott & Associates, LTD., a local estate litigation law firm in IL you can trust with such a sensitive and complex litigation issue.
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.
