Contested Wills in Tinley Park, Illinois

Find the right Contested Wills attorney in Tinley Park, IL

In Tinley Park, 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 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 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 severe and irreversible damage to family relationships.

When Can a Will be Contested in Tinley Park, Illinois?

Courts in Tinley Park, 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 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 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 you successfully contest the will in Tinley Park, Illinois, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Tinley Park, Illinois Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the whole process can be made more bearable if you have the help of a knowledgeable Tinley Park, Illinois attorney, and the process will probably be much more manageable.

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

Life in Tinley Park

With a population of over 59,000, Tinley Park is one of the fastest growing suburbs of Chicago. The village is located mostly in Cook County, Illinois, though some of it overlaps into Will County. Tinley Park was chosen by Business Week as the best place in America to raise a family in the year 2009.

Tinley Park received its first economic impulse in the early 1900's with the introduction of railroads. Several industrial companies opened their establishments in the area, providing many jobs and activities for residents. Recently Tinley Park is known for its high-pace residential development which has led to its continued population growth.

Visitors to Tinley Park are usually welcomed with a hefty dose of artistic and recreational opportunities. A main venue for concerts is the First Midwest Bank Amphitheatre, formerly known as The World Music Theater. It is an outdoor venue which seats 28,000. Additionally, a Tinley Park Arts Council has been created for the purpose of promoting and supporting the arts and events in Tinley Park.

Lawyers in Tinley Park, Illinois will usually file your legal claims in the Cook County Circuit Court. Tinley Park lawyers are prepared to assist clients in a wide array of legal issues and disputes.

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