Contested Wills in Bloomington, Illinois

Find the right Contested Wills attorney in Bloomington, IL

In Bloomington, Illinois, there is a process through which a person can challenge the validity of a will. This is known 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 actually 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 Bloomington, Illinois?

Of course, a Bloomington, Illinois court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

So, you've succeeded in contesting the validity of a Bloomington, Illinois will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.

Can a Bloomington, Illinois Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reputable lawyer in Bloomington, Illinois can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Bloomington

Bloomington is located in McLean County, Illinois. Bloomington is one of the cities that is a part of Illinois "Twin Cities." The other city is adjacent Normal, Illinois. Some other names for Bloomington include "Bloomtown," "B-Town," and "Bloomies."

Some popular attractions in Bloomington include Grady's Family Fun Park, the Pepsi Ice Center, the U.S. Cellular Coliseum, the Bloomington Parks Recreation Department, Miller Park Zoo, Constitution Trail, and the Bloomington Center for the Performing Arts.

Bloomington is also filled with law offices and firms that train competent attorneys to handle any and every legal inquiry. Therefore fellow Bloomies can stay rest assured because their legal needs can be met by Bloomington's legal force.

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