Contested Wills in Waukegan, Illinois

Find the right Contested Wills attorney in Waukegan, IL

In Waukegan, Illinois there are certain procedures allowing certain people to challenge the validity of a will. This is known 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 actually 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 Waukegan, Illinois?

There are several reasons that a court in Waukegan, Illinois might invalidate a will.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

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 truly 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.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Waukegan, Illinois, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Waukegan, Illinois Contested Will Attorney Help?

Contesting a will can be a difficult, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Waukegan, Illinois wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Waukegan

Waukegan is located Lake County, Illinois. Specifically, it is situated on the western shore of Lake Michigan.

Waukegan's top employers include the school district and health care system, Uline, Coleman Cable, Medline Industries, WMS Industries, and the Illinois Department of Human Services.

Tourists love to visit Bowen Park, Clockwise Theatre, Ganster Pool, Genesee Theatre, Roosevelt Park, Waukegan History Museum, Waukegan Municipal Beach, and The Fieldhouse.

Waukegan is also home to many attorneys that practice in various fields of law and are devoted to providing their clients with excellent legal services.

Some famous people who have called Waukegan home include Jack Benny, Mark Livingstone, Andy Devine and Don Wilson.

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