Estate Litigation Lawyer Schaumburg, ILEstate Litigation Lawyer Schaumburg, IL

Can I Challenge a Will?

Can you file a will contest in most states? Whether you are a disinherited heir, a child, former beneficiary, or family member, you might want to know the answer to this question. As an estate litigation lawyer in Schaumburg, IL, this is one of the most common questions our firm receives from prospective clients.

Filing a will challenge is not only for people who believe they have been disinherited from the state. Rather, there are other reasons that you may challenge a will. At Bott & Associates, Ltd., our estate litigation lawyers handle a broad range of will challenge cases that involve various objections, such as the following. There Has Been a Will Amendment – It is not uncommon for a person’s inheritance to be reduced by a later will or an amendment.

Other times, the will may have been replaced by a new will, or resigned, with the same inheritances and beneficiaries, but a new executor. In other words, nothing has changed but the person who can administer the estate. This could be problematic for some beneficiaries or family members because the executor has authority over the estate. They also have the right to hire an estate litigation lawyer in Schaumburg, IL and pay their fees from the estate.

If some people involved do not agree with the person overseeing the estate, there could be reasons to file a will challenge.  Jealousy – Sometimes family members become jealous about another family member being in charge of the probate process. In this case, they might feel betrayed or let down because they were not named to be the executor. Who runs the estate and probate process tends to be a very popular reasons to contest the estate. As an estate litigation lawyer in Schaumburg, IL might explain to you, this tends to be an important task to beneficiaries and family members.

If you are planning a will, you should ensure you think about who you name as the executor of the estate.  How Can You File a Will Contest? Filing a will contest may also be referred to as challenging a will or objecting to probate. Before you do this, you must have a probate proceeding. You must have filed the will with the probate court in the county where the deceased person resided at the time of their death. If probate has not been opened, this will be the first step in the litigation process. An estate litigation lawyer in Schaumburg, IL can explain the probate process in further detail during a consultation. It must be noted that you should not object to a will just because you don’t like what it says. If you do so, a judge may see the lawsuit as being frivolous. Not only may it be thrown out, but it could get you into trouble. 

An Experienced Estate Litigation Lawyer

If you have found yourself in an estate or trust litigation dispute, it may be in your best interest to speak with an estate litigation lawyer in Schaumburg, IL from Bott & Associates, Ltd.. A trust is typically utilized by someone who does not want their heirs to go through the probate process, or to save on post-death expenditures. A trust identifies all assets that are to be immediately distributed after the testator’s death. Unlike a will, there is no probate process and the entire distribution of the estate remains a private affair.

By seeking an experienced estate planning lawyer in Schaumburg, IL to create your trust, you can feel peace of mind in knowing the risk of a dispute is considerably small. That said, there can be no guarantees. Even with the best legal advocacy and expertise, heirs can disagree with what has been written. When this should happen, an estate litigation lawyer in Schaumburg, IL may need to be sought.

When you ask a Schaumburg, Illinois estate litigation lawyer to draft a trust for you, you can feel peace of mind in knowing that a dispute between heirs can be avoided. However, nothing is guaranteed and it is possible that some kind of argument will arise.

Disputing a Trust

As an estate litigation lawyer might tell you, there is no guarantee that your trust will be successful upon your death. It is possible for the trustee, heirs, or other vested parties, as well as those who believe they should have been included, to challenge the trust. They could argue that the trust is invalid, that the testator was coerced, or some other reason that deems it to be inaccurate. In general, when a dispute arises, it tends to involve a person who was not included in the trust and is not pleased with the situation.

Lack of Mental Capacity

This is the most common reason to dispute a trust, or even a will. This claim can be made based upon the belief that the testator drafted the document, but was unable to understand what they were stipulating. Some problems they might have could include:

  • The type of assets
  • The value of the property
  • Parties who have been named to inherit the property
  • The way in which assets are to be distributed

It is certainly possible for a person to draft a trust when they were technically unable to understand their actions. Known as lack of testamentary capacity, this can occur because of:

  • Dementia or alzhemiers
  • Amnesia or memory loss
  • A head injury
  • The aging process
  • Taking certain medications
  • A drug or alcohol addiction

As an estate litigation lawyer in Schaumburg, IL, we may be able to prove lack of capacity through talking to witnesses and reviewing medical records. A petition or lawsuit will need to be filed with the court, and evidence must be demonstrated to the judge to prove the testator was unaware of what he or she was doing.

If you would like to file a dispute against a trust, or you are the beneficiary of a trust that is being disputed by another person, now is the time to call Bott & Associates, Ltd. to speak with an estate litigation lawyer in Schaumburg, IL.

Before you decide to go through with a will challenge, talk with an estate litigation lawyer in Schaumburg, IL to find out if its really worth your time and money. Call Bott & Associates, Ltd. to speak with an estate litigation lawyer today.