What to Know About Contested Documents in Illinois Estate Plans 

 Posted on January 30, 2023 in Estate Planning Blog

The immediate aftermath of a loved one’s death is often a time of great sorrow. If there is any contentiousness regarding your loved one’s estate, this time of great sadness can become even more challenging to deal with as you try to sort out your deceased loved one’s assets and property. Unfortunately, contesting estate planning documents can occur for various reasons. Whether you are looking to contest a document or are an executor looking to protect an estate, hiring an experienced estate planning attorney may be necessary to ensure procedures are followed lawfully and that a resolution can be achieved in your favor. 

Why Would an Estate Planning Document be Challenged? 

In most cases, an estate planning document is usually challenged because there is doubt among the contesting party that the deceased person’s decision-making at the time the document was made was in some way corrupted, either by an outside party meddling or by the deceased individuals’ cognitive abilities at the time the documents were created. If you have reason to believe your loved one was not of sound mind or was unduly influenced when creating documents for their estate plan, an experienced estate planning attorney may be able to assist you in resolving the situation. 

Suppose your loved one created their estate plan utilizing do-it-yourself forms and did not consult with a legal professional. In that case, this can lead to unenforceable documents that cannot withstand a dispute or probate court. In these cases where someone’s inheritance rights may be threatened by an unenforceable estate planning document or the deceased person’s wishes are not being carried out appropriately, a qualified attorney may be able to assist you in rectifying the situation. 

Helping Executors Protect the Estate

If you have been named as the executor of an estate, you will hopefully know the seriousness of the job you have been selected to do. Since you are the executor, you are likely aware of the deceased person’s wishes relating to their property and beneficiaries. In some cases, disputes over an estate plan may be unfounded and based on grief or even greed rather than the actual law. Estate planning is prepared to help executors protect the estate while assisting you in effectively carrying out your duties as executor. 

Contact a DuPage County Estate Planning Attorney

Whether you are someone looking to create an estate plan that will be protected against possible future disputes or are an executor looking for assistance in preserving an estate or carrying out your executor duties, consider contacting the compassionate Lombard, IL, estate planning lawyers with A. Traub & Associates. Call 630-426-0196 for a private consultation.

Source: https://www.isba.org/public/guide/estateplanning