Is an Attorney Needed to Contest an Illinois Will?
If you or someone you know is planning to contest a will in an Illinois probate court, you likely have questions about how the process works. The Illinois Probate Act of 1975 provides the specifics for what governs the legal process on how to proceed with this type of option.
Looking at this act, you will find that anyone who has a financial interest in an estate can challenge the will in probate court, not just those who are named in the will. This can include siblings, parents, heirs, or anyone else who is affected in some way by the execution of the will.
To contest a will in Illinois successfully, you will require the assistance of a Highland Park contested will attorney. Many factors go into challenging a will and having an experienced and professional attorney will ensure all of these specifics are considered, including defenses that may be used with the contested will.
The person who is the executor of the estate has a legal duty in Illinois to defend the contested estate in probate court. Also, both parties have the right to request a trial by jury to settle the contested estate. This requires legal counsel to be executed correctly.
The attorney for the executor will often focus on precise nuances of the law which the contesting party will be required to follow. Individuals who do everything right can still find that the opposing counsel may make an excellent argument to a jury or judge about why the court should side with them, rather than you.
Having access to a Highland Park contested will attorney will give you the best chance of a positive outcome. The lawyer can challenge the will while satisfying all the requirements of the law. People in Illinois who are contesting a will have a few things they must demonstrate.
- The party must have a financial interest in the estate, whether named in the will or not, which would be affected by the will being executed as it stands.
- There must be legal grounds to challenge the will, such as grounds of poor mental health, the will being a forgery, or an unlawful influence being involved during the will’s creation.
- The petition to contest the will has to have been filed correctly. You have six months after the will is filed to challenge it.
If you are considering contesting the will of an estate in Highland Park, Orlowsky & Wilson LTD can assist you. You can contact a member of our team at 847-686-2445 or send a message on our website to learn more about your options.