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Anderson and Associates, P.C.

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Schaumburg Contested Wills Attorney

Rolling Meadows Contested Wills Attorney

Lawyer for Contested Estates in the Northwest Suburbs

When someone dies, their wishes regarding who will inherit their assets and who will care for their minor children will be carried out according to their last will and testament. While the terms of a will are generally straightforward, there are times when people with an interest in the estate (including heirs, beneficiaries, and creditors) may dispute a will's terms or contest its validity.

Reasons for Contesting a Will

After a will has been filed in probate court in Illinois, any interested persons have six months to file a claim contesting the will. Grounds for contesting a will include:

  • Mental capacity - The person making a will (known as the testator) must be of sound mind when the will is made. They need to understand what assets they own and who they are providing for and be able to decide how to distribute their property to their beneficiaries. If an interested person can prove that the testator did not have testamentary capacity at the time of the will's signing, they can argue that the will should be invalidated.
  • Undue influence - If an interested person believes the testator was coerced into signing their will by a beneficiary of the estate, they may argue to have the will invalidated. Undue influence can exist when a beneficiary who provides care or financial assistance to the testator is involved in preparing the will.
  • Fraud or forgery - If an interested person can prove that the testator was led to believe that the terms of their will were different from what was actually signed, they may be able to have the will invalidated. Fraud can also occur if a will was altered or modified without the testator's knowledge or if witnesses to the will's execution were untrustworthy.

Resolving Issues With Contested Estates in Hoffman Estates

Disputes over the terms of a will can arise for a variety of reasons, from minor disagreements over the inheritance of property to major allegations of fraud or misconduct surrounding the circumstances of the will's execution. At Anderson and Associates, P.C., our experienced estate planning attorneys can help your family avoid disagreements over your estate by working with you to create a will or trust that will ensure your wishes are carried out correctly.

If you are involved in a dispute related to a contested estate, we can represent you in probate court and ensure that your rights are protected. Contact a Schaumburg estate attorney at 847-995-9999 for a free consultation. We serve clients in Palatine, Barrington, Arlington Heights, Rolling Meadows, and throughout Chicago's northwest suburbs.

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