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Lombard estate planning attorneysImagine this scenario: Your elderly grandmother has lived with a caretaker for several years. She passes away and upon reading her will, you find that your grandmother has left all of her assets and belongings to the caretaker and none to her children or grandchildren. For many people, this would raise red flags. There are countless scenarios like this which lead to families contesting the validity of a loved one’s will.

When Should a Will Be Contested?

If you think that your loved one’s will does not accurately reflect his or her final wishes, you should contest it. Contesting the will means that you are asking the courts to deem the will invalid. Probate courts in Illinois can invalidate a will for several specific reasons. Firstly, a will can be thrown out if can be shown that the deceased person, or the decedent, was unduly influenced by someone during the will's creation. For example, in the hypothetical scenario above, the caretaker could have coerced the elderly grandmother to leave her property to him instead of her family.

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