One of your family’s biggest nightmares is that a will could be challenged in the probate process. Will contests and other probate litigation take what could already be a difficult process and make it far worse. Here are some reasons for probate litigation. One of the most common reasons for probate litigation is the fact that someone has disputed…
A family’s worst nightmare is when someone challenges a will. There may be reasons why a will can be considered invalid. The one certainty is that will contests can be emotional and unpleasant. Here are some common reasons for will contests. Lack of Testamentary Capacity The testator (person who makes the will) must be physically and mentally capable at…
When a will goes through the probate process, interested parties have a legal right to contest its validity. One common reason for contesting a will is that someone else had undue influence on the testator (the person making the will). In an undue influence case, one person has taken advantage of another who is vulnerable and susceptible. They may…
If your estate is going through probate, things can invariably happen to slow down the process. There is paperwork and possible delays that can cause you and your family stress. If there is an estate that is going through probate, you should contact an attorney to help you through the process. The best way to get out ahead of…
The probate system means that the case goes through a court. Every court has a judge presiding in it, who is in charge of the legal process and makes key decisions in the case. When your case is in probate, it will be assigned to a judge. The hope is that your probate court judge will act in mostly…
Probate seems to be a long and drawn-out process, and it certainly can be that way. However, probate also has strict deadlines that must be followed in order to avoid delays in the process. Here are some general timelines for events in filing a probate case: The executor will begin the probate process by filing the will with the…
Will contests are among the most contentious types of litigation possible. The combination of money and strained family relationships can turn people against each other in a hurry. Planning can help you avoid some of these disputes when the time comes. There are two things that can reduce the chances of a will contest. The first is sitting down…
If you know anything about wills, you have heard about probate. Many tell you that probate can take many months, and there is a possibility that things can go wrong. Probate is where the will can be contested. Not every estate needs to go through probate. The first exception that allows an estate to stay out of probate is…
The thought of probate court can be a scary place, and many people do everything that they can to avoid probate. A lack of knowledge about the probate court contributes to the fear that many people experience. In general, there are two functions of probate: Ensuring that creditors are paid back from the assets of the estate Ensuring that…
There is no legal requirement for a personal representative to hire a probate lawyer in Illinois. However, this should be something that you should almost always consider. Estates valued at over $100,000 or that have real estate must go through the probate process. By definition, this means that there will be some complexity. Probate itself can be a very…
