The experience of losing a loved one is tragic in and of itself, but is made all the more stressful and difficult when there are issues with their will and how property is passed on. If you think a will or certain terms of a will might not be proper and valid, you can challenge the will in probate court. Discuss these options with an experienced Rolling Meadows estates and probate attorney as soon as possible.
Wills Must Meet Specific Requirements to be Valid
Sometimes, when a person passes, there is considerable disagreement or competition over who gets what, and this is the purpose of writing a will. A person writing a will has the opportunity to determine how their property is distributed and to which beneficiaries. When you review a loved one’s will, something might seem quite right when it comes to certain distributions. In some cases, your loved one simply made different decisions than you expected, but in other cases, the will might not be valid.
You can challenge the validity of a will for various reasons, including:
- Undue influence
- Fraud or misrepresentation
- Lack of capacity
- Not meeting requirements under the law.
Wills must meet requirements to be valid, and these requirements have changed in recent years in Illinois. For example, due to the pandemic, the process in the state of Illinois has shifted somewhat in terms of wills. Wills can now be completed electronically, and electronic wills can be witnessed by individuals remotely under the Electronic Wills and Remote Witnesses Act.
Connect with a Rolling Meadows Estate Planning Attorney Today
Will contests can be complicated and create conflict between families, so always discuss all of your options with an attorney. Schedule a consultation now with Charles T. Newland & Associates to ensure that a will is proper and the distribution aligns with your lost loved one’s desires.