Estate Litigation Law Firm Arlington Heights Illinois
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.
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.