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Anderson and Associates, P.C.

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Cook County Attorney for Contested Will Disputes

Homer Glen estate administration lawyer

Law Firm Assisting With Estate Litigation in Orland Park

When someone creates a last will and testament, they will specify their wishes for how their property should be distributed to their heirs after they die. In many cases, the executor of the estate will be able to carry out these wishes with no problems. However, situations often occur in which certain parties are unhappy with the terms of the will or believe that the will was not executed properly. In these cases, it is important to work with an experienced attorney who can help resolve the legal issues that arise involving a contested estate.

At Anderson and Associates, P.C., we have more than 30 years of experience working with people to ensure that their family members' estate plans are carried out correctly. If you believe your family member's will is invalid, or if you need to defend a contested estate, we can provide you with the legal representation you need.

Reasons a Will May Be Contested

In Illinois, a person may only contest a will if they are adversely affected by its terms. A petition to contest an estate must be filed within six months after a will is filed in probate court. A will may be contested on one of the following grounds:

  • Improper execution - A will must have been signed in the presence of two witnesses who are not named as beneficiaries in the will. An interested party may claim that a will is not valid because these requirements were not met when it was executed.
  • Testamentary capacity - A will contest may involve claims that the person making decisions in their will (the "testator") did not fully understand the nature of the assets they owned or how those assets would be distributed according to their will. If it can be demonstrated that the testator lacked mental capacity or did not understand what they were signing, the will may be found to be invalid.
  • Undue influence - A will may be contested if an interested party believes that one or more of the will's beneficiaries coerced, threatened, or otherwise influenced the testator into creating or changing their will in a way that was counter to their intent. Undue influence can occur if a person with a fiduciary relationship with the testator (such as a family member who provided the testator with medical care or managed their finances) helped prepare a will and stands to receive a significant benefit.
  • Fraud - A will may be found to be invalid if any forgery occurred, if it was altered after being signed by the testator, or if the testator was misled about its terms.

Contact a Tinley Park Contested Estate Lawyer

Decisions about how to handle the affairs of a deceased loved one are often fraught with emotion, and arguments over the terms of a will can lead to contentious legal disputes between family members. In these cases, it is essential to have a skilled, experienced attorney on your side who can protect your rights and the rights of your departed loved one. For legal help with contested wills or estates, contact the Cook County contested will lawyers of Anderson and Associates, P.C. at 708-226-9904 to arrange an consultation. We provide legal services in Orland Park, Mokena, Palos Heights, Homer Glen, Oak Forest, and Will County.

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