If you recently lost a family member or loved one and you are concerned about the Last Will and Testament that has been introduced for probate, one option is to initiate a Will contest. In the State of Illinois, you must allege (and eventually prove to be successful) legal grounds on which the Will could be declared invalid. One of the most frequently used grounds is “incapacitation,” more commonly referred to as “lack of testamentary capacity.” How do you prove that the Testator lacked the necessary capacity to execute his/her Will?  Litigating a Will contest often involved complex legal arguments [Read more…]

Losing a loved one is an emotionally draining experience, which is usually not the best time to make important decisions. If, however, you question the authenticity of the decedent’s Last Will and Testament, you will need to decide whether or not to pursue a Will contest. Contesting a Will is often a lengthy, and emotionally draining, experience. If you have reason to believe that the Will submitted for probate is not a valid Will, and the outcome of the probate process will directly affect you, it may indeed be in your best interest to initiate a Will contest. Every Will [Read more…]

Handling the emotional aftermath that follows the death of a loved one is not an easy task. As a survivor, you may go through all the stages of grief, including anger and denial before reaching acceptance. It can be even harder to accept the death of a loved one when you have questions and concerns about their last days, weeks, or months. What can you do if those concerns cause you to question the Last Will and Testament left behind by your loved one? The Lincolnshire estate planning lawyers at Hedeker Law, Ltd. explain who can contest a Will in [Read more…]

When most people think about the concept of estate planning, they focus first on executing a Last Will and Testament. This isn’t surprising given that a Will is by far the most common and most recognized of all estate planning tools. As such, a Will frequently serves as the foundation of a more comprehensive estate plan; however, can a Will be your entire estate plan? The estate planning attorneys at Hedeker Law, Ltd. explain when a simple Will is enough and when you need more than just a Will. Your Last Will and Testament A Will is a legal document [Read more…]