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Arlington Heights Contested Wills Lawyer

Long Grove contested estate attorney

Attorneys for Contested Estates in Mount Prospect and Rolling Meadows

The death of a loved one is always sad, and family members must often address a wide variety of issues when settling a person's affairs. In many cases, a person's will specifies their last wishes and describes how their assets should be distributed to their heirs. However, there are situations in which a person's beneficiaries may believe that a will is invalid, and they may wish to contest the will to ensure their loved one's wishes are carried out correctly.

If you believe your family member's will is invalid, you will want to work with an experienced attorney to ensure that the proper legal procedures are followed. At A. Traub & Associates, we provide representation for beneficiaries in cases involving contested estates, and we will work with you to reach a resolution to your case that protects your rights and respects the desires of your deceased loved one.

When Can a Will Be Contested?

After a person dies, their last will and testament will be filed in probate court. If an interested party wishes to contest the will, they must do so within six months after the will is filed. Interested parties may include beneficiaries named in the will, heirs who would have inherited assets in the absence of a will, or creditors.

While a person's heirs may be unhappy with the terms of their family members' will, this does not necessarily mean that they can ask to have the will invalidated. There are only a few specific situations in which a will can be contested. These include:

  • Undue influence - Someone in a position of power over the decedent, such as a caretaker or family member who managed their finances, may have prevented them from following their own wishes when creating their will.
  • Lack of testamentary capacity - A will may be found to be invalid if it can be shown that the decedent did not have the mental ability to understand the terms of the will or make decisions about how they would like their property to be distributed to their beneficiaries.
  • Fraud or forgery - If there is evidence that the decedent was deceived or misled about what they were signing when creating their will, or if a will was altered after it was signed, the will may be invalid.
  • Revocation - A will may be invalidated if it can be proved that the decedent intended to revoke or change it.
  • Ignorance of a will's contents - If the decedent was not given the opportunity to read their will before signing it, or if it can be shown that they did not have the contents of the will explained to them, the will may be contested.
  • Partial invalidation - In some cases, certain portions of a will may be found to be invalid based on any of the grounds listed above, but other terms of the will may be considered valid, and they may be carried out as long as they do not go against the decedent's wishes.

Contact a Palatine Estate Planning Attorney

The emotional, financial, and personal issues that must be addressed after a person's death can be overwhelming, but things can become even more difficult if family members disagree about the terms of their loved one's will. If you are concerned about making sure your family member's wishes are carried out correctly, the attorneys of A. Traub & Associates can help you determine your options for contesting their will.

To learn more about how we can assist with issues involving contested estates, contact us at 847-749-4182 to arrange a confidential consultation. We assist with estate planning and probate in Rolling Meadows, Elk Grove Village, Mt. Prospect, Schaumburg, Arlington Heights, Buffalo Grove, Palatine, Long Grove, Inverness, Des Plaines, Hoffman Estates, Wheeling, and throughout Northwest Cook County.

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