How Probate Litigation Attorneys In Lewisville Can Help Heirs Contest A Will

How Probate Litigation Attorneys In Lewisville Can Help Heirs Contest A Will

September 12, 2022 0 By linamet

If a relative or someone else close to you just passed away, you might be able to contest the existing will if you honestly believe you are entitled to inherit or if you believe you may have been mistakenly omitted from the document. If a loved one passes away without any preparations, these lawyers can also advocate your interests in court (intestate).  When the state-appointed administrator starts deciding who should profit from the assets left behind in the event of an intestacy, probate litigation attorneys in Lewisville can protect your interests.

However, there are by far more disagreements over a will that the surviving heirs cannot agree upon. If you do contest a will, you should always have a lawyer on your side because these disputes can turn into drawn-out court cases that arouse anger and emotion. In the state of Illinois, there are four legitimate grounds to challenge a will, each supported by a different Illinois law act.

Incorrectly Completed Documents

The document wasn’t signed in accordance with the state’s regulations governing inheritance and probate, which is all this phrase really signifies. In Illinois, two witnesses must be present with one another at the same time. They must both sign the contract in front of witnesses as well as each other. Since the evidence—or lack thereof—should be on the documents themselves, this is typically pretty simple to disprove or demonstrate.

Lacking Sound Mind

This is known as “testamentary capacity” in legalese. To put it another way, did the deceased have a thorough understanding of the worth of his or her estate and possessions to make suitable provisions for them in the will? 

Your legal counsel may also question whether your loved one had a reasonable understanding of who should logically inherit or whether they merely were unaware of the implications of writing a will that left out some heirs. As opinions on whether a person actually didn’t comprehend how the signed agreement would function may vary, this might be challenging to prove.

Negative Influence

This has been portrayed in several television movies, I’m sure. A person who is close to an elderly person may exert severe coercion or pressure to compel them to draught a will that does not accurately represent their preferences. Attorneys that handle litigation advise against doing this unless the justifications are quite solid. It might not be enough to just nag or argue with someone frequently.

You might need to show that the person who had a significant impact on the deceased’s choices went above and above, like isolating them from friends and relatives, keeping an earlier draught and withholding it, or paying the lawyer who draughts the document. Attorneys that specialise in litigation can assess your claim and advise you on whether you should file a lawsuit.

Litigation Lawyers Are Knowledgeable On Fraud

It’s very simple: Anyone who forms a will after being duped, along with their heirs, is a victim of fraud. Some cunning persons might draught a new document that excludes particular people from their inheritance, hand it to the recipient, and claim it to be a power of attorney or advance medical directive. 

Litigation lawyers can argue your case if the signer signs the document under the impression that it is something completely different. Another, less frequent type of fraud is a faked signature, which needs at least two accomplices who are prepared to sign as witnesses.

If you are in need of a probate attorney, you should contact Kreig LLC. Their attorneys have years of experience in the field and are skilled at handling all aspects of probate. They will help you navigate through the legal process and ensure that your estate is distributed in a fair and accurate manner. Contact them today to schedule a consultation.