During the probate process, anyone with a claim against the estate has the opportunity to file that claim and present it to the court.
Estate Law
A no contest, or in terrorem clause, is a provision in a will or trust which is designed to threaten anyone from challenging the validity of the document.
When someone dies and leaves their assets in a trust, it is the responsibility of the successor trustee to follow the terms of the trust.
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.
We have seen an increase in probate cases involving aging adults who are taken advantage of. Family members often discover, too late, that their parents or grandparents have been preyed upon by a caregiver or new “friend.”
A well-crafted Estate Plan includes power of attorney documents that name an agent that can make decisions for you when you are no longer able to.
The judge will appoint a guardian on behalf of the disabled person and the guardian can take some of the same actions as an Agent under a Power of Attorney.
The Illinois statute entitled “Presumptively Void Transfers” protects all individuals from coercion by their caregivers.
If you believe that you or a loved one were excluded from a will or trust as a result of someone’s financial exploitation of an elderly individual and would like to discuss your rights and options for seeking damages, please contact us.
Our firm encourages any individual aged 50 or over to review his or her estate plan, including wills, trusts, and power of attorney documents.