Estate Litigation: Filing a claim or lawsuit against the executor of a will or estate
While most executors complete their task to the highest standard of care, some do make unfortunate mistakes, some are caught in the middle of a feud, and others betray the very person who trusted them with the responsibility.
How do I remove an Executor?
If an Executor fails to uphold their obligations to the Estate and its beneficiaries, Illinois law allows a beneficiary, or someone else with a financial interest in the Estate, to file a petition to remove that Executor.
Grounds for contesting a will in Illinois
If you discover that your loved one left behind a will which does not appear to reflect their true wishes, you should consult with a qualified estate litigation attorney immediately to discuss initiating a will contest lawsuit.
Contesting a will in Illinois based on lack of capacity
Illinois law recognizes that any testator (the person who executed the will) must have sufficient mental capacity to complete his or her will (also known as “testamentary capacity”).
Contesting a will in Illinois based on undue influence:
Illinois law provides that those individuals who are improperly excluded from a loved one’s will can challenge the validity of the will based on a claim of undue influence.
Common Asset Protection Issues
The cardinal rule of asset protection is that the planning must be put into place well before there is a claim against you or any of your assets.
How Do I Contest a Will?
Contesting a will is not usually a simple matter. There are, however, some specific legal grounds for contesting a will that can be used successfully.
Trust Litigation
When the trustee fails to satisfy any of the duties, the trustee may be held personally liable for such failure. The attorneys at Hays Firm LLC represent beneficiaries and trustees in trust litigation.
Will Contest
Conflicts often arise regarding the validity of a deceased loved one’s Will once the executor files it with the Court for settling the decedent’s estate.
Wills
A Will is the written declaration of a person’s intentions regarding what will happen to their property upon their death. A Will governs and distributes only probate property.