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 Other times, the will may have been replaced by a new will, or resigned, with the same inheritances and beneficiaries, but a new executor.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. 


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.