Illinois has laws that govern how what they must contain to be legal under Illinois state law. Anyone who has a valid interest in an estate can file a claim to dispute the legality of a will. This could be a beneficiary, a creditor, a family member, spouse or another person who has a relationship to the deceased and an interest in the outcome of their estate. Probate caveat is the legal notice challenging the validity of the will and asking the court to suspend the probate process until the dispute is resolved.
The person who files the probate caveat is called the caveator. The probate court will hear evidence from the caveator. If the judge rules that the dispute is valid, the probate will be stopped. The executor of the will can petition to have the caveat removed, or the validity of the will and estate can be litigated in court. Probate litigation involves complex procedures and the application of specific laws. Illinois probate litigation attorneys can assist you in your probate caveat petition, or in defending the validity of a will if you are the executor or a beneficiary.
An Illinois estate planning attorney can help to make sure that your will contains all the required components and that it meets the state’s legal requirements. For information about estate planning and probate caveats and litigation, contact Estate & Probate Legal Group in Illinois today at 630-800-0112.