Two Ways Probate Attorneys in Chicago Regularly Have Wills Thrown Out

by | Jun 21, 2018 | Lawyers and Law Firms

Even having an apparently valid will created can still leave issues for the family members of a deceased person to settle. In quite a few common cases, one or more of a departed individual’s close relatives will have claims to more than might have been provided for in a will.

Probate attorneys in Chicago can help their clients challenge wills in court to be sure everything they are entitled to will be forthcoming. Getting in touch with an attorney at a firm like Starr, Bejgiert, Zink & Rowells can end up being one of the best moves a person could make.

Many Reasons to Argue That a Will’s Terms Should be Modified or Discarded

Even the simplest and clearest wills can turn out to be something else on closer inspection. Probate attorneys in Chicago are regularly able to have wills either modified or thrown out entirely on behalf of their clients. Some of the kinds of issues that frequently crop up in probate court include:

* Lack of legal capacity. It is quite common for existing wills to be adjusted or obsoleted by newer ones not long before the passing of the person. In some cases, such modifications to longstanding arrangements will be intentional and valid and should be respected as such in court. At other times, however, it will have been an opportunistic, unscrupulous family member or other person who engineered the change. When the individual whose estate was the subject of the will lacked the ability to legally sign off on a binding will, making this clear in court can change the situation greatly.

* Fraud. At other times, those with something to gain will interfere even more brazenly and directly with the process of having an estate distributed. Entirely fraudulent wills and supporting documents are fairly common, and being able to establish that something so untoward was involved can alter the distribution of assets significantly.

Counsel Matters the Most

Should issues like these or others appear to be relevant to a particular estate, seeking the advice of a lawyer will always be advisable. Only by doing so can those who might otherwise be left out be sure of obtaining the assets they are entitled to. Follow us on Twitter.

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