Unfortunately, conflicts arise during the probate process. In Illinois, there are several causes for contesting a will. Every will and situation is different, but some typical causes exist for estate litigation. Whether you are the one raising the red flag or want to fight against someone who believes they are entitled to a portion of the estate, you need an experienced probate attorney on your side.
There must be proven and just cause before someone can contest a will. They cannot begin to fight a will simply because they feel entitled someone’s assets. The courts uphold the last will and testament as a person’s final wishes unless there is a legitimate reason to believe the will was invalid.
Some causes for estate litigation are:
These are not all reasons a person may contest a will, but they are typical reasons.
Below are some more common questions regarding estate litigation.
Question: What is the timeframe to contest a will?
Answer: In Illinois, interested parties have 6 months to contest a will once it enters probate
Question: Who can begin estate litigation or contest a will?
Answer: Any ‘interested person’ – which includes heirs, creditors, the representative of the estate, and anyone who believes they fall under heirship laws
Question: What if the will has a No Contest Clause?
Answer: If the person strongly believes there is reason to discredit the will, they may begin to fight the probate process, even with the No Contest Clause. However, if they lose, they may also lose everything that was to be given to them from the will.
If you are involved with estate litigation, you need an experienced attorney on your side. You do not have to go through this trying time alone.
If you have questions about estate litigation, an experienced probate lawyer can advise you on the best options for your situation. To talk to a qualified estate litigation attorney in Chicago or Oak Brook, contact the Estate & Probate Legal Group at 630-864-5835.
Areas We Serve: Cook, DuPage, Kane, Lake and Will counties.
