Lake Forest Illinois Trusts and Estates Law Blog

Illinois rock and roll fans joined others throughout the country and across the world in mourning the sudden, unexpected loss of music icon Tom Petty. The former superstar's 2017 death sparked many a debate about prescription drug addiction. As often happens when celebrities die suddenly, it also prompted probate litigation between his then current wife and two daughters from a previous relationship. 

Petty's widow has asked the court to appoint a manager to her deceased husband's estate. She has also requested that the court restrict his daughters' ability to completely override decisions regarding their father's estate. Petty's daughter, however, has also petitioned the court, stating that her father had clearly expressed his wishes in a will, and that her stepmother is not abiding by the plan.

Many Illinois residents may become involved in probate litigation at some point in their lives. It can be difficult to resolve such situations. It can also be quite expensive, especially if a case is tied up in the courts for a long time. Understanding the most common reasons wills and trusts are contested may be helpful; it is also a good idea to know where to seek legal support, as needed.

One of the qualifying factors of a last will and testament is that the person executing the document must be of sound mind when he or she signs it. If a person writes or updates a will under duress, an undue influence complaint may be submitted in probate court. Another reason that a will might be contested is if fraud is suspected.

All of us would like to believe that our loved ones are not the type to fight over inheritance when we pass away, but for most people that is simply not true. Even strong, caring families with few internal conflicts can descend into who-gets-what arguments if they are motivated by financial gain or loss, or if some piece of property holds particular sentimental value.

No one wants to create conflict among the ones they love when they pass away, but more often than not, this is what may happen without a well-crafted will and estate plan that clearly outlines your wishes. If you want to avoid sparking conflict when you pass away, make sure to prepare your will and estate plan with careful attention, to keep your rights and wishes protected.

Illinois high school football fans often gather under stadium lights during annual seasons, cheering on their favorite teams. Many high schools play football or host other activities on land or in buildings that exist thanks to donations from benefactors who are now deceased. In fact, a school in another state plays all its home games on property that was donated by a local married couple in 1927. A legal problem has arisen regarding the land, and the heirs of the estate are speaking out against school officials, who have filed a lawsuit to gain control of the land.

It seems that some of the school's officials are concerned that the football field is too close to a busy roadway. They have proposed relocating the team to another field for its home games. The idea has sparked a legal issue, however, because the benefactors' heirs say there was a reverter clause in the estate plan that says the land is to be given back to the grantors or heirs if the school ever stops using it for athletics.