Handling Will Contest Issues
Part of the probate process involves giving beneficiaries, creditors and others the opportunity to challenge the estate plan. In Illinois, people have six months after the estate is opened by the court to contest the will or trusts. This complex process requires the help of a knowledgeable estate planning attorney.
Michael Overmann, Ltd., provides will and trust contest representation to executors and trustees. We can also help people who seek to challenge the estate. To discuss your estate litigation needs, call our Darien office at 630-395-7948 or our Homer Glen office at 708-590-4599. Your consultation is free.
Experienced Representation In Will Contests
It is difficult to challenge a will or trust because the burden lies with you to prove that the documents should be invalidated. You must be able to prove that there was either misappropriation, that the decedent lacked proper mental capacity or that formal signing requirements were not followed. Oral statements made by the decedent are not admissible as evidence.
Reasons why wills and trusts are contested include:
- Improper allocation of assets
- Mismanagement of assets
- Breach of fiduciary or trustee duty
- Undue influence on the decedent by fraud, deception or coercion
- Last-minute additions to wills, especially of nonfamily
It takes a knowledgeable lawyer to find effective solutions to will and trust contests. You also need an attorney who can argue your case in court if that is necessary. Because our firm exclusively handles estate planning, we have the skill and experience to handle your case through every stage of estate settlement and litigation.