Intended to enforce the wishes of an individual once they have passed, wills are legally binding documents that enforce how testators’ assets are distributed. While this process is fairly straight-forward, wills may be contested when a family member or beneficiary suspects that a will does not reflect the actual intentions of their loved one. If you find that this is the case after a loved one passes away, speak with a will contest lawyer about your situation.
Courts are typically motivated to honor the terms of a testator’s will unless compelling evidence proving otherwise is presented. When you truly believe that your loved one’s will is not an accurate reflection of their desires, reach out to a skilled attorney today. An experienced lawyer will evaluate your situation and help build a strong case.
The attorneys at Peck Ritchey, LLC have been working on behalf of Illinois families for decades. Our extensive experience with probate matters has equipped us with an invaluable understanding of how to best serve your needs. As the Chicago will contest attorneys at Peck Ritchey, LLC know, this process can be emotionally draining for everyone involved; however, we will do everything we can to help you ensure your loved one’s true wishes are upheld. To speak about your situation with a member of our team, call (312) 201-0900 today.
Why You Need a Lawyer
Contesting a will is an incredibly challenging process. Doing so without the help of a legal professional will make the process exponentially more difficult. Courts view any given will as the voice of the testator, or the person who created it. So when a person has passed away, courts are highly motivated to uphold the communicated wishes of the deceased. If you are serious about contesting a loved one’s will, your best chances of achieving a favorable outcome will involve hiring a skilled probate lawyer.
To successfully contest a will, you need compelling evidence to present during probate proceedings. While each case is different, if factors such as forgery, fraud, manipulation, and undue influence are involved, a skilled will contest attorney can help prove how one, or all, of these factors, impacted stipulations within the will.
In addition to providing much-needed legal guidance, an experienced probate lawyer can give you a comprehensive idea of how the legal process will unfold. From the general timeline to next steps in the event that a will is either partially or fully voided, a knowledgeable will contest lawyer is available to you to answer your questions and concerns as they arise.
Why Choose Peck Ritchey, LLC?
When it comes to estate and probate matters, the attorneys at Peck Ritchey, LLC fully understand how overwhelmed you may feel, especially in the aftermath of losing a loved one. We have dedicated our careers to providing a steady hand to families navigating the legal complexities of probate matters. When your loved one’s will does not accurately represent what they want, we are here to make sure that the situation is corrected.
Time and time again, the Chicago attorneys at Peck Ritchey, LLC have been awarded the Super Lawyers distinction by our peers for our integrity and professional achievements. We are serious about the results that we achieve for our clients. Not only do we care about our clients but we also care about serving our community.
Attorney Kerry Peck, at the helm of our leadership, has been recognized for his achievements and character with the Justice John Paul Stevens Award, the Chicago Bar Association’s most prestigious honor. We represent a variety of people, from minors, to disabled adults, to those who require special attention. We remain committed to helping as many people as we possibly can.
When a Will May Be Contested in Chicago
Should you suspect that any uncharacteristic provisions, heir eliminations, or otherwise suspicious aspects of a will, you should consider contesting the will. Our Chicago legal team is prepared to help you pursue cases in which you suspect any of the following:
- The testator was unduly influenced by coercion, deception, or fraud
- The testator was tricked or forced into a last-minute will modification
- The will was changed by someone other than the testator
Heirs or legatees can be discouraged from contesting a will in the event that it includes of no-contest, or in terrorem, clause. These clauses can ultimately penalize beneficiaries. If a beneficiary contests a will and is unsuccessful in doing so, they could lose their inheritance.
A testator may include a no-contest clause to disincentivize legal disputes over the will. Though no-contest clauses are not enforceable in all states, they are technically enforceable in the state of Illinois. However, if you have good reason to believe that your loved one’s will should be contested, speak with a lawyer about your options.
If you believe that your loved one’s will does not reflect their true wishes, our will contest lawyers are ready to help. At Peck Ritchey, LLC, our Chicago legal team understands how difficult this process can be; we will do everything we can to help you protect the wishes of your loved one.
Who Can Contest a Will in Illinois?
Only certain parties have the ability to contest a will. Legally, those who are able to contest a will are referred to as “interested persons.” The Illinois Probate Act classifies heirs, creditors, legatees, and anyone in line for a spouse’s or child’s award as an interested person.
- Heirs – Typically heirs are the individuals entitled to a portion of an estate. An affidavit of heirship is the means through which heirs are commonly established. In the event that a previous heir was disinherited, they would potentially be able to take action to prove that the testator disinherited them under duress or by accident.
- Creditors – If the testator owed money when they passed away, creditors may be able to pursue payment from the remaining estate. While a creditor may be a person, in many cases, a creditor is a business or entity that the testator was making payments to before passing away, like a mortgage company or other
- Legatee – A legatee is a beneficiary of the will. Legatees may or may not be related to the testator.
In some instances, the designation of “interested persons” can overlap. For example, heirs may or may not also be legatees depending on the specific details of a will. If you qualify to contest the will of a loved one, we are ready to help. Actions taken on behalf of your loved one after they have passed away should reflect their true wishes.
Consult with a Chicago Will Contest Attorney
At Peck Ritchey, LLC, our Chicago will contest attorneys are prepared to help you uphold the intentions of Chicago testators by contesting the terms of a will before it is executed. We have worked with countless Illinois families over the years, and aim to make the legal process as seamless as possible.
When you are coping with the loss of a loved one, taking legal action to contest a will can feel like a particularly daunting pursuit. However, with the help of a skilled Chicago will contest lawyer, you can feel confident that you are being taken care of. To discuss the particulars of your situation with one of our Chicago probate attorneys, please call our Chicago offices at (312) 201-0900 today.