Contested Wills in Dekalb, Illinois

Find the right Contested Wills attorney in Dekalb, IL

In Dekalb, Illinois, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

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

If a lot of money, or some particularly 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 really true or not.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Dekalb, Illinois?

There are many reasons that a Dekalb, Illinois court might hold a will to be invalid.

For example, 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 considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Dekalb, Illinois will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, 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 Dekalb, 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 Dekalb, 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 Dekalb

DeKalb is located in DeKalb Count, Illinois. It has a population of around 44,000 people. The city is rooted in history because it is named after Johann De Kalb, the German war hero who died during the American Revolutionary War.

The top employer is Northern Illinois University. Other top employers include Kishwaukee Health System, the school district system, and Wal-Mart. Although the legal force is not included in this list, DeKalb is home to many attorneys who practice in many areas of law. Thus, DeKalb residents should not have a problem finding a solution to their legal problem.

Some popular residents of DeKalb include Cindy Crawford, Barbara Hale, Richard Jenkins, Mel Owens, Richard Powers, and A.J. Bramlett.

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