Estate Litigation Attorneys in Chicago IL: Contesting a Will or Trust

by | Jan 15, 2015 | Attorney

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If you feel that a trust or will is not valid or does not feature the wishes of your loved one, you can seek legal assistance to get a resolution. Contesting a trust or will is an area that should be handled by a competent lawyer. It is important that you have Estate Litigation Attorneys in Chicago IL experienced in such matters. A contest seeks to revoke probate or challenge admission of the will. There are a number of reasons that could lead to the contesting a trust or will, and they include:

     *     Unjustified influence:

     *     If you feel that the testator has been influenced to execute a trust or will through pressure exerted by another party such as a trusted advisor, relative, friend, or health-care worker, then there may be a valid reason to consider raising a dispute and contesting the decision. During the time of execution of the estate plan through a will or trust, some parties may put pressure on the testator to interfere with the plan or get a beneficiary out of the trust. This could result to the rightful beneficiary not getting what they deserve, contrary to the intentions of the deceased.

     *     Incapacitation:

     *     A trust or will may be regarded

     *     as void if there is prove that there is a level of incapacitation on the testator. This may happen if one is diagnosed with a medical problem like dementia, psychosis, or senility. A testator should have the mental capacity to make the testament and understand how the assets will be distributed. If this does not happen, there may be flaws in the way the trust or will is executed.

A will and trust that does not contain the signatures of the right parties and the testator may be contested. These are legal documents that have to be properly drafted and signed according to the law. Improper drafting or signing is often as a result of lack of legal support in executing the wishes of the person who prepared the trust or will. However, with assistance of Estate Litigation Attorneys in Chicago IL, you can get the know how to challenge the flaws witnessed in a trust or will effectively. You can learn more from this by visiting Website

 

 

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