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Lombard estate planning attorneysProcessing a loved one’s death is hard enough on its own. There is no measure for the hurt and overwhelming range of emotions that comes with saying goodbye to someone near and dear to your heart and family. When it comes time to handling wills and other estate documents following the death, the very last thing anyone wants to deal with is an estate dispute.

Whether you discover an inaccuracy or you are simply having a hard time believing the information found in the document to be fair, examining a loved one’s wishes and estate arrangements after they are gone can be overwhelming, to say the least. Deciding to mount a legal challenge can be even more difficult.

Factors to Consider

If you or member of your family have come to the conclusion that it is necessary to dispute a certain estate document, you will need to think about:

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Lombard estate planning lawyerIn the days and weeks after the death of a loved one, you are likely to remain focused on getting back to some semblance of normalcy in your life, especially if you were very close to the decedent. Just as things start to settle back down emotionally, new concerns can arise when your loved one’s will is presented for probate. When the provisions in the will are finally made known, you may be surprised to learn that your loved one has made some unexpected decisions. Such surprises may lead to you to think about filing a will contest, but there are some factors to consider before you do so.

Hurt Feelings Will Not Invalidate a Will

The first thing you need to remember is that, following a person’s death, there will almost always be someone who feels that they got ignored, left out, or the short end of the stick. They may have been led to expect a certain portion of the inheritance or a particular piece of property, only to find out later that such “promises” were never formalized in the will. If you feel slighted by your loved one’s decisions regarding his or her will, that is not sufficient grounds for challenging the document.

Appropriate Contests

There are, however, a number of situations in which you can file a challenge to your loved ones will. To be successful in such a challenge, you will need to show that:

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