Probate is the last chance that creditors have to be paid back debts by the deceased person before the estate is permanently closed. It is the legal equivalent of “speak now or forever hold your piece.” Illinois law provides that creditors have two years from the date of the decedent’s death to file a claim against the estate. However,…
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…
