How Can You Legally Contest a Will?

by | Dec 19, 2017 | Law

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When a loved one passes away, and you are named in their estate, you typically expect that their last will and testament is made while they are still of sound mind and body. Unfortunately, this isn’t always the case and due to flaws in the execution of the will, beneficiaries don’t receive all of the estate’s assets they would have otherwise received.

If you find yourself in this situation, then you have the right to challenge the will’s validity in probate court. If this is something you are going to pursue, it is best to hire an Arlington Heights contested will attorney for help.

Who Has the Right to Contest a Will?

In the state of Illinois, anyone who would be affected negatively due to the execution of the will is able to file a petition that contests the estate. This has to be done within six months of the admission of the document to the probate court. Some of the parties that are affected by the execution of the would include beneficiaries that have been named, or not, and others who would gain something if the current version of the will was invalidated.

Undue Influence

In some cases, wills are determined to be invalid if the person who made it was under some type of undue influence. Undue influence is any force that keeps the testator from being able to exercise their own rights when writing the will. Your Arlington Heights contested will attorney will be able to help you determine if this issue is present.

If you are facing issues with the will of a deceased loved one, then the first thing you should do is hire an Arlington Heights contested will attorney. Doing so will help you preserve your rights to get what you deserve from your loved one’s estate.

Find out more about contesting a will by visiting the Orlowsky & Wilson, Ltd. website.

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