Challenge Will Documents

In Chicago, after family members learn of the contents of a will, it is not uncommon for some family members to be unhappy. The question is what can be done to challenge will documents. In Illinois, there are specific requirements for someone to challenge a will. In order to challenge a will the person objecting to the will must be an interested party, the objector must have grounds to challenge the will, and the objector must file the will challenge within the required timeframe. If you believe that a will is invalid and would like to learn the process for challenging the will, immediately contact an experienced Chicago will challenge lawyer. The timeframe for filing a will challenge is extremely short. It is critical that the process is started as quickly as possible.

Under Illinois law in order to petition the court to challenge will documents you must have legal standing to do so. If you do not have a legal standing, your petition will be dismissed regardless of whether or not there is a strong basis for a will challenge. To have legal standing you must be an interested party. Interested parties are those who have direct, immediate financial interest in the estate. Interested parties are typically limited to only beneficiaries named in the will and heirs who would inherit if there was no will. If you are still unsure as to whether or not you have legal standing to file an objection to a will, contact a Chicago will challenge attorney right away.

In order to challenge will documents you must have legal grounds to do so. It is not enough that you are simply unhappy that you did not receive the decedent’s house or that you did not receive the decedent’s jewelry. It is not enough that you are simply upset about what you received and that you did not receive more. Legal grounds for filing a challenge to a will include improper execution, fraud, mental incapacity, and undue influence.

If a will is not properly executed, it is an invalid. In Illinois in order to properly execute a will it must be signed by the testator, and it must be signed and witnessed by at least two individuals. A will would not be considered valid if fraud was involved. For example, if someone forged the signature of the testator that would be fraud and the will would be invalid. Another reason to challenge a will is that the testator did not have the mental capacity to execute a will. Under Illinois law in order to create a will the testator must have testamentary capacity at the time the will was executed. If you have evidence that the testator did not understand what it means to make a will, did not understand the value and extent of his property, and had no idea who his relatives were, then there is a strong case for you to challenge will documents. Another reason that a will could be challenged is that the testator was under undue influence by a person whose goal was to manipulate the testator into making a will that he or she would not have otherwise made.

Illinois law provides a very short timeframe for filing it will challenge. You must file your will challenge within six months of the date that the will was admitted to probate court. This is a strict deadline. If you fail to file your petition in time, you will be forever barred from challenging the will, even if there is merit to your claim. Thus, if you believe there is a problem with the will, immediately contact a will challenge attorney in Chicago. Any delay may result in you forfeiting your right to challenge will documents of your loved one.

If you have reason to believe that the will of a loved one does not truly express your loved one’s preferences for how he wants his assets distributed, discuss your concerns with an experienced will challenge attorney serving Chicago. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully representing clients in estate disputes. Contact us at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.