Lombard, IL Contested Wills Attorneys

Trusted Attorneys Helping Address Concerns Related to Contested Estates in Lombard, Illinois

In the aftermath of the death of a family member or a close friend, the last thing anyone wants is to add to the stress, confusion, and sadness that a family is experiencing. Moving forward after a person's death and dealing with their final affairs can be difficult enough, but the estate administration process can be even more difficult when disputes arise among family members or other heirs.

However, it is important to make sure a person's last wishes are carried out correctly. When someone believes that a will presented after a person's death is incorrect, they may not want to cause trouble, but they may believe that it is necessary to speak up. If you are in this situation, and you believe that the will filed in probate court is fraudulent, you need an attorney who can help you address this issue, protect the rights of beneficiaries, and resolve matters in a way that will reduce stress and conflict as much as possible.

At A. Traub & Associates, we have the experience and skill needed to help you determine what steps to take in this situation. We can advise you on whether your concerns are valid and whether you may have a legitimate reason for contesting a will. We can also help to avoid these situations altogether through effective estate planning, creating wills and other documents that will stand up to scrutiny and prevent disputes. Regardless of your situation, we will work to ensure that the true wishes of the decedent are carried out.

Grounds for Contesting a Will in Illinois

You cannot challenge a will simply because you do not like the provisions of the document as it stands. Contesting a will means that you believe the will is invalid and should be set aside. You will generally need to show that the will does not reflect the person's true wishes or is not legally valid for another reason. Probate courts in Illinois can invalidate a will if you can show that:

• The decedent was unduly influenced by someone during the will's creation. Undue influence may involve coercion, threats, or other actions meant to force a person to change the terms of their will in a way that went against their actual desires. Examples may include a person who served as a caretaker threatening to harm someone unless they changed their will to leave most of their assets to the caretaker.
• The decedent lacked the ability to understand what he or she was creating. The ability to fully understand the extent of a person's estate and the decisions made about the distribution of their assets is known under the law as testamentary capacity. If a person had been diagnosed with a condition such as dementia or Alzheimer's disease prior to the date that they created or updated their will, they may not have had the necessary testamentary capacity.
• The will, in part or its entirety, is a forgery or was illicitly altered. If it can be shown that a will had been changed after it was signed or that someone else signed a person's name to a will, this could result in the will being invalid.
• The decedent signed the prepared will without knowledge of the terms it contained. If someone presented the will to the person to sign without explaining what they were signing, this may be a reason for a will to be challenged.

Proving these grounds can be very difficult. The law presumes that a person had the ability to understand their will, and it is not easy to prove that their thoughts and feelings at the time they signed the will went against the terms of the document. If you believe that a will is incorrect or that someone took illegal actions, our attorneys can work with you to gather definitive evidence and testimony supporting your case.

Responsible Estate Administration Lawyers

At A. Traub & Associates, our attorneys firmly believe that every person has the right to develop an estate plan as he or she desires. When you believe that a will of a family member or loved one does not reflect what he or she truly wanted, we are ready to put our experience to work for you. By listening carefully to what you have to say and conducting a full review of all relevant documents, we can help you understand the implications of contesting the will.

If you decide to proceed, we will remain at your side every step of the way, keeping you fully up to date on the case's progress. Your rights and those of your loved one are important to us, and we stand ready to advocate on your behalf.

Contact Our Lombard Contested Estates Attorneys

To learn more about your options for contesting a will, contact A. Traub & Associates. We will explain your options and provide you with an honest analysis that can help you make informed, responsible decisions. Call 630-426-0196 to schedule your consultation today.