CHICAGO WILL CONTEST ATTORNEYS
Elgin, IL Will Contest Attorneys
Will Contest – Contested Wills and Trust Litigation Lawyers
Death results in a number of questions. Particularly with respect to the assets and property a person leaves behind. A will or trust might not satisfactorily resolve those questions in the event fraud or duress is a possibility. If you want to contest a will or litigate a trust our firm is ready to help you today.
The Law Offices of Anthony R. Scifo has considerable experience in claim and trust litigation and contesting wills. In addition, we handle Power of Attorney misuse, probate litigation and matters of caregiver financial abuse. We’re a recognized leader in handling difficult estate issues. Our lawyers have the expertise to handle matters fully for our clients. We coordinate with experts in forensic accounting and investigations to uncover truth and obtain justice in each case.
Legal Representation for Contesting Wills and Trusts
Estate plans will frequently include a will as well as trusts set up for specific reasons. For instance, a special needs trust provides care for a child or an adult with a disability. Generally, estate plan documents are binding. However, there are instances when parties may challenge the plan’s validity.
For example, a person might contest a will for reasons including:
These are just a few example situations that would cast questions upon a will or trust. We provide representation for clients who stand to receive an inheritance from an estate. Additionally, we assist individuals who may be excluded wrongfully. If you have any questions regarding a will or a trust contact our law offices today. Our lawyers will help you obtain the answers and information you deserve.
A Few Basics About Contested Wills
Contesting a will is relatively rare in the Illinois court system. Most wills proceed through the probate process without issue. In the event a will doesn’t meet legal requirements a beneficiary or heir may challenge it in probate court. Also, a challenge may proceed if the will’s maker was not of legal age or sound mind.
It’s rarely an issue, but the individual who makes the will must at the time be:
- -At least eighteen years of age.
- -Residing in a state that allows younger people to make a will if they’re married, in the military or emancipated.
The maker of a will must at the time be what the courts consider to be of sound mind. This is not a particularly strict requirement. Usually, a court resolving questions of mental capacity requires simply that the person making the will:
- -Knows the function of a will and is aware that he or she is making one.
- -Knows who he or she is providing for. For example, a spouse or a child.
- -Understands what he or she owns and is able to decide on distribution of assets or property.
A court might declare a will invalid if it determines that fraud or forgery was involved in its creation. This typically involves someone in a trusted position who manipulates a vulnerable individual.
Will Contest and Litigation Lawyers
Contents of a Will
What makes a will a valid document? To start, each state has their own rules stating what a will must contain at a minimum. However, the document in general must:
- -Clearly state that it is the will of the individual who creates it.
- -Contain at least one provision of substance. For example, a clause that leaves property or an asset to someone. Or, appoint a guardian for a child or adult with a disability.
- -Name an executor, which is also known as a personal representative in many states. This is the person responsible to carry out the will’s terms at the appropriate time. Nevertheless, in many states, even in cases where a will doesn’t name an executor, the court appoints one.
Contact the Offices of Anthony R. Scifo to talk with a lawyer about contested wills and litigation.
Work with Probate Litigation Attorneys Today
If you need representation to address a contested will or trust, please contact our probate litigation firm by calling 847-628-8311 to set up an initial appointment.
We will be happy to discuss the details of your matter.
We serve the Chicago area, including Elgin, Rolling Meadows, Barrington, Carpentersville, Crystal Lake, Hoffman Estates, South Elgin, Lake In the Hills, Kane County, Cook County, and surrounding counties.