What Should You Do If You Were Left Out Of A Will… But You Were Told You’re An Heir?

Unfortunately, it happens many times. Someone promises that you will inherit money or assets from their estate after they die. Then, when it’s time to read the will, the probate attorney says that you are not a beneficiary. What should you do? Do you fight for what you believe is rightly yours, or walk away angry? What should you do if you were left out of a will? At Estate and Probate legal group, we believe in researching the situation and ensuring the law is followed correctly.

Were You Left Out Of A Will?

It could be that your loved one accidentally left you out of the will. Perhaps the person intended to leave you a part of their estate but never managed to update their will. What happens if you are a child and have a legal right to part or all of the estate? There are many instances in which you believe someone’s written will is not actually their final wish.

There are 3 main reasons why most people contest a will:

1. The will was not executed properly, and you were subsequently left out of the new will
2. The mental capacity was in question at the time they wrote the will
3. If the person was under undue stress when they wrote the will

As you can see, speaking with a probate attorney and determining the best course of action and inheritance rights should be your first step when contesting a will.

But what happens if a person dies without a will (dying intestate)? Illinois has intestacy laws that specify the order in which family members receive benefits from an estate.

Illinois Intestate Laws

If a person dies without a will, the courts will divide their property among their family according to the Illinois intestate succession laws. These laws specify the beneficiaries according to family relations. If you are a child contesting your parent’s will who did not include you, the intestate succession laws may be on your side.

Let’s use this example:  If a spouse dies and there are children from this marriage, the spouse receives 50% of the estate, and the children split the other 50%.

Note: Illinois intestate succession laws do not cover non-married couples or close loved ones who are not related. This is why it’s important to have a will or trust in place – to ensure your beneficiaries receive the assets as you intend.

No matter the reason for contesting a will, you always want an experienced probate attorney on your side.

Talk With an Oak Brook Estate Planning Attorney

If you believe you have been wrongly left out of a will, talk to a probate attorney. Don’t automatically settle until you know the laws that may protect you. Contact Us at the Estate & Probate Legal Group at (630) 864-5835

AREAS WE SERVE: Cook, DuPage, Kane, Lake and Will counties.