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.
Estate and Trust Litigation
The cardinal rule of asset protection is that the planning must be put into place well before there is a claim against you or any of your assets.
Contesting a will is not usually a simple matter. There are, however, some specific legal grounds for contesting a will that can be used successfully.
The probate court has special time limitations relating to the filing of claims or actions. Therefore, it is essential that you retain and attorney who understands the unique rules that govern contested claims in the probate court, as quickly as possible.
When the trustee fails to satisfy any of the duties, the trustee may be held personally liable for such failure. The attorneys at Hays Firm LLC represent beneficiaries and trustees in trust litigation.
Conflicts often arise regarding the validity of a deceased loved one’s Will once the executor files it with the Court for settling the decedent’s estate.
A Will is the written declaration of a person’s intentions regarding what will happen to their property upon their death. A Will governs and distributes only probate property.