You are considering challenging your parent’s estate plan. Perhaps you believe that another beneficiary used undue influence, so the will is not an accurate representation of what your parent wanted. Perhaps they allotted far more assets to that beneficiary than they...
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Probate Litigation
Proving undue influence to challenge an estate plan
The family members of someone who has recently died sometimes feel compelled to take legal action against their estate. In some cases, there is clear evidence that an older adult had already experienced significant cognitive decline when they drafted or updated their...
Alzheimer’s and will contests
When someone is a child, they are not considered to have testamentary capacity. This is why someone who is under 18 years of age generally cannot write a will. They are not considered to have the mental capacity to do it at this time. Once you're over 18 years of...
Blended families increase the odds of estate disputes
Blended families are becoming more and more popular in the United States. This has a lot to do with the fact that half of all marriages end in divorce, and many of these people get remarried. They both bring children from their first marriage and create a blended...
Did your sibling take advantage of your parent’s dementia?
Older adults who experience dementia will have a difficult time managing their own lives. They may depend on family members or professional caregivers to provide for their daily needs and to handle their finances. Once a professional takes over or your loved one is...
Disputes may happen when heirs take personal items
Ideally, when a parent passes away, they leave a will behind. It notes how the personal items they are passing to their heirs should be split up. It may say specifically how this should be done -- Child A gets a certain painting, Child B gets the book collection, etc...
Does Illinois enforce no-contest clauses in wills?
No one likes the idea of their family tearing itself apart with lawsuits and will challenges after they are gone. That’s why many Illinois residents who create their wills insist that their attorneys include a no-contest clause, in an attempt to force their family...
What are signs of undue influence?
When your parents’ will is read, almost the entire fortune goes to your sibling. You do get some token items and a small amount of money, but your parents were worth millions, and you expected to inherit life-change wealth. They never said anything about cutting you...
3 reasons you may need to challenge a trustee’s position
Whether the goal is to provide for multiple generations or arrange for remaining assets to go to a charity, a trust can be a valuable tool. Unfortunately, sometimes the person creating the trust doesn't do a good job of selecting their trustee. Picking the wrong...
What do to if an executor breaches their fiduciary duty
If you feel the person who’s executing a loved one’s estate is not doing their job correctly, you may consider removing them. It is not something you can do on a whim. However wrong a choice they might seem to you, your family member chose them for a reason. If you...


