Learn About Wills
When a loved one passes away, being able to see the road beyond your loss can be difficult to do. Although there may be much to do, if you are responsible for the estate, it can feel daunting to manage. In most cases, probate is a necessary process when managing your loved one’s final affairs and last wishes. When complications arise, or the will is contested, it can prolong probate and make the mourning process more emotionally charged.
If you’re in this situation right now, Bott & Associates, Ltd. may be able to help. We have assisted countless families in Schaumburg, IL who have been faced with probate court proceedings.
When a person passes away, probate is a legal process in which the will is reviewed and validated by the courts. During this process, an estate executor is appointed and given the ability to carry out the testator’s final wishes. In most cases, the estate executor is identified in the will and then confirmed by the court. Probate may also involve settling a person’s debts and ensuring that the appropriate taxes are paid on certain assets.
In cases where there is a dispute over the appointment of the identified executor, the court may step in to make a decision. When a person passes away intestate, it means they did not have a will identifying an executor or how assets will be divided amongst beneficiaries. Situations like this may require the court to make decisions or appoint an executor to manage how the estate will be settled.
Contesting a Will
At times, someone within the family may consider whether they have the ability to contest the will that was left by the person who passed away. Although many may worry about the possibility of this circumstance, it is fairly rare that a person is able to successfully contest a will. Only certain people have the ability to contest a will. In order to take this step you must be:
- Named in a previous version of the will
If you or someone in your family is considering contesting the will, they most likely will want to speak with a will lawyer in Schaumburg, IL first. An attorney can review the case to ensure that you have the grounds to move forward in this process. They will look to several key components to determine whether the will should be questioned. Some valid reasons for questioning a will might be:
- The will is not compliance with state laws.
- The will was not signed in the presence of witnesses.
- The will was drawn up fraudulently and the testator was unaware of what they were signing.
- The person lacked the capacity to sign the will. Examples of this include: severe mental illness, Alzheimer’s disease, and dementia.
- The will was signed under duress.
It will be important to carefully consider whether you have a valid claim to contest the will. Not only can the process be difficult and drawn out; it may also impact familial relationships. Unfortunately, when a loved one passes away, it can cause tensions within families to arise, especially when complications come up with the will or the distribution of assets.
Contact Bott & Associates, Ltd.
The loss of a loved one is an incredibly painful process to endure. When coupled with questions surrounding the estate and the will itself, it can make an already difficult time even more complicated. It’s likely that this will not only prolong probate, but also impact the ability to truly begin mourning the person who has passed away. During such a stressful and emotionally charged time, contacting a will lawyer may be an attractive option.
At Bott & Associates, Ltd., we’re very familiar with the processes of creating wills, enforcing wills, distributing assets, contesting wills, and going through probate court. We know that this can be a difficult time for the whole family and it’s our goal to ease some of pain.