Illinois families do not always get along. This is especially true in cases where wills and trusts are contested. Even people who once enjoyed close, loving relationships may resort to nasty name-calling and accusations when it comes to fighting over a loved one’s estate.
There are numerous reasons why someone might contest a will or trust. If a person signs a will, he or she must be of sound mind at the time. There have been many cases where an adult son, daughter, nephew, grandchild or other relative claims that an estate owner lacked testamentary capacity when he or she signed a will.
Perhaps dementia, medication the person was taking at the time or acts of coercion impeded his or her mental clarity when a will was being executed or modified. A person must clearly understand the task he or she is undertaking and must also be fully aware of the value of his or her assets. A will can also be contested if the language of the document is ambiguous.
Trusts should be reviewed periodically to make sure they are up to date. Sometimes, a surviving spouse can re-direct trust assets after his or her wife or husband has died. In certain situations, such as when there are children from a first marriage and there has been a second marriage, that might not be a good idea. Lesser Lutrey Pasquesi & Howe, LLP, can provide guidance and support to any man or woman in Illinois who is facing legal problems regarding wills and trusts.