Contested Wills in Aurora, Illinois

Find the right Contested Wills attorney in Aurora, IL

In Aurora, Illinois, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is directly true or not.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Aurora, Illinois?

There are various reasons that a court in Aurora, Illinois might invalidate a will.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If a Aurora, Illinois will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Aurora, Illinois Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Aurora, Illinois attorney can be invaluable in helping this process go as smoothly as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Aurora

Although Aurora, Illinois may not be very well-known, there is certainly a lot to do here. Aurora is the second most populated city in Illinois. It is a suburb located approximately 40 miles from Chicago. Many know Aurora as the "City of Lights" because it was one of the first U.S. cities to implement an all-electric street lighting system.

Aurora also hosts many attractions perfect for families and tourists. People can enjoy a day at Blackberry Farm, the Aurora Historical Museum, Splash Country Waterpark, Hollywood Casino,and an exciting downtown filled with great boutiques and restaurants.

Aurora is also filled with many small law firms focusing on providing clients with excellent, personalized legal services. Firms and experienced attorneys in practically all areas of legal practice offer legal services to the citizens of Aurora. Therefore, no citizen's legal matter can remain unattended in Aurora, Illinois.

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