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Schaumburg Contested Wills Lawyer

Long Grove contested estate attorney

Attorneys for Contested Estates in Schaumburg

Dealing with the death of a relative can be difficult, and in addition to grieving their loved one's tragic loss, family members will also need to settle affairs related to a person's estate. Usually, a last will and testament will cover issues related to the end of a person's life, including the decisions the person made about who will inherit their assets. However, these matters may not always be clear-cut, and disputes may arise between family members regarding a loved one's last wishes or how the distribution of their estate should be handled.

In situations involving contested wills, an estate administration lawyer can provide guidance to family members and representation for those who wish to challenge or defend a will. If you need to address these matters, A. Traub & Associates will be by your side every step of the way. We understand how difficult and sensitive these situations can be, and we can help you take steps to reach a resolution that respects the wishes of your deceased loved one while also protecting your rights.

Grounds for Contesting a Will

If somebody wants to dispute a will after a person has died, they will need to take legal action in probate court within six months after the will was filed by the executor of the estate. A will can only be contested by "interested parties," which may include the deceased person's beneficiaries, their expected heirs, or creditors with a claim against the estate.

Even if somebody does not agree with the terms their deceased family member set down in their will, they can only contest the will if they have the legal grounds to do so. Potential grounds for contesting a will may include:

  • Lack of testamentary capacity - A will may be contested based on the claim that the testator was not of sound mind when composing the terms of the will or making decisions about property distribution.
  • Ignorance of the terms of a will - A family member may contest a will on the basis that the testator did not have the chance to read it over before signing or was not given a full rundown of the decisions included in the document.
  • Undue influence - A person may believe that someone who held power over the testator or controlled certain aspects of their life, such as a family member who assisted with their daily care or financial concerns, may have used manipulation, coercion, or threats to influence the testator into changing their will.
  • Fraud or forgery - If the testator was tricked into signing a will, or if the will was changed after it was originally signed, then heirs may claim that the will is not valid.
  • Partial invalidation - Some sections of a will may be considered invalid based on one or more of the grounds detailed above, but other sections of the will may be found to be legal and binding. These terms can be followed as long as they do not oppose the testator's wishes.

Contact a Schaumburg Contested Estates Lawyer

After a loved one's death, family members may struggle to resolve matters related to the estate, especially if beneficiaries do not agree about what the deceased person would have wanted. To make sure your family member's final wishes are executed properly, the lawyers at A. Traub & Associates can help you contest a will that you believe is invalid or defend against claims made by other beneficiaries. We understand that dealing with contested estates can be overwhelming and stressful, and we are here to help. Please give us a call at 630-426-0196 or contact us online so we can discuss your case and advise you on how we might be able to assist you in carrying out your loved one's wishes.

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