Illinois law permits any interested party to file a will contest. A will contest must be filed with the probate court after a person’s death
Estate and Trust Litigation
If you have reason to believe that the executor is hiding assets or stealing them so as to avoid having to distribute them later pursuant to the will, a lawsuit may be necessary.
The sick and elderly are often exploited by the people closest to them. Illinois law protects individuals from exploitation by their fiduciaries by presuming that all transfers to such individuals are presumed to be fraudulent.
The executor owes a fiduciary duty to the Estate’s beneficiaries. Accordingly, an executor is held to the highest standard of fair dealing and diligence when dealing with the Estate.
A will contest is a lawsuit brought before the probate court in Illinois. If successful, a will contest lawsuit will invalidate the will that was attacked.
While most executors complete their task to the highest standard of care, some do make unfortunate mistakes, some are caught in the middle of a feud, and others betray the very person who trusted them with the responsibility.
If an Executor fails to uphold their obligations to the Estate and its beneficiaries, Illinois law allows a beneficiary, or someone else with a financial interest in the Estate, to file a petition to remove that Executor.
If you discover that your loved one left behind a will which does not appear to reflect their true wishes, you should consult with a qualified estate litigation attorney immediately to discuss initiating a will contest lawsuit.
Illinois law recognizes that any testator (the person who executed the will) must have sufficient mental capacity to complete his or her will (also known as “testamentary capacity”).
Illinois law provides that those individuals who are improperly excluded from a loved one’s will can challenge the validity of the will based on a claim of undue influence.