Contested Wills in Joliet, Illinois

Find the right Contested Wills attorney in Joliet, IL

In Joliet, Illinois there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If a massive amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

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 severe and irreversible damage to family relationships.

When Can a Will be Contested in Joliet, Illinois?

Courts in Joliet, Illinois will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

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 usually 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. Further, 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.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If a Joliet, 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 Joliet, 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 brilliant lawyer in Joliet, Illinois can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Joliet

Joliet, Illinois is the fastest growing city in the state. It is the seat of Will County and was incorporated as early as 1852. Joliet is nicknamed "The City of Champions" on account of the many national and state titles won by local school bands and sports teams. It is also nicknamed "The City of Steel" as well as the "City of Stone", reflecting its historical background in those industries.

Currently the city of Joliet, Illinois has attracted large numbers of new residents seeking to work and live in the area. Family entertainment in Joliet is abundant, consisting of several golf courses, bike trails, and old-style movie theaters. The city also has several landmarks that often appear in the setting of major motion picture films, such as the Rialto Square Theater.

Every year Joliet enjoys a large influx of visitors who come to the city to watch NASCAR automobile races and to participate in high-end motorsports events. These are hosted at places like the Chicagoland Speedway and the Autobahn Country Club.

Joliet, Illinois has quickly become an important hub for commerce and residential living. Lawyers in Joliet are available to assist in many different areas of law. Joliet, Illinois lawyers hone their professional skills through state and county bar associations.

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