Contested Wills in Oak Lawn, Illinois

Find the right Contested Wills attorney in Oak Lawn, IL

In Oak Lawn, Illinois there are specific procedures authorizing certain people to challenge the validity of a will. This is identified 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 considerable 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.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Oak Lawn, Illinois?

There are various reasons that a court in Oak Lawn, 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.

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 severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

So, you've succeeded in contesting the validity of a Oak Lawn, Illinois will. What happens to the property that was going to be distributed according to its terms? Usually, 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." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally 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. Consequently, the old will can be given effect.

Can a Oak Lawn, Illinois Contested Will Attorney Help?

Because a will contest can sometimes involve complicated legal and factual questions, as well as some very raw emotions, a skilled Oak Lawn, 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 Oak Lawn

Oak Lawn, IL is a village in Cook County. Its population is approximately 55,000 as of the 2000 Census.

Being in Cook County, Oak Lawn is generally considered to be a suburb of Chicago. Residents of Oak Lawn are particularly proud of their city's park system, which is composed of over 300 acres of open green space, parks, and recreational facilities, such as basketball and tennis courts, as well as baseball and soccer fields.

The downtown area of Oak Lawn, Illinois went nearly a decade without significant new construction. However, in recent years, it has undergone a major redevelopment, with the intent of revitalizing the area, and creating jobs. New condominium developments, office space, as well as many new spaces for retailers and restaurants were all added, significantly revitalizing the area.

This seems to have been effective, as the percentage of people living below the poverty line in Oak Lawn, Illinois is far lower than the national average, which is about 20%. By contrast, only 5% of the population of Oak Lawn lives below the poverty line.

There are many lawyers in and around Oak Law, Illinois who can help you with virtually any legal problem you might have. Oak Lawn, Illinois attorneys are always ready to help.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light