Contested Wills in Wheaton, Illinois

Find the right Contested Wills attorney in Wheaton, IL

In Wheaton, 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."

Occasionally, 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 specifically 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.

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

When Can a Will be Contested in Wheaton, Illinois?

There are numerous reasons that a Wheaton, Illinois court might hold a will to be invalid.

For instance, 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 substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove 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 heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

So, you've succeeded in contesting the validity of a Wheaton, 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 Wheaton, 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 reliable lawyer in Wheaton, Illinois can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Wheaton

Wheaton is an affluent city located in DuPage County, Illinois. It is very near Chicago (approximately 25 miles away) and located west of Lake Michigan.

Some of Wheaton's attractions include the Cosley Zoo, Arrowhead Golf Club, Cantigny Park and Golf Course, Danada Forest Preserve and Illinois Prairie Path. A very popular historic site includes Grand Theater, which was built in 1925 and is included in the National Register of Historic Places.

Wheaton is also home to many attorneys that practice in various legal fields. Also, being so near Chicago, Wheaton residents can take advantage of Chicago's top-notch legal force. Chicago is home to many top law firms with ivy-league educated attorneys who focus on providing excellent legal services.

All in all, Wheaton is a safe suburb that provides a community-like feel and a wonderful quality of life!

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