Will Contests

DuPage County Will Contest Attorneys

Even when an estate plan is in place, beneficiaries, creditors, family members and others can legally dispute that plan. The probate process allows for will contests and other estate disputes to be made in court. The process of contesting an estate is often complex and can lead to litigation. The law firm of Momkus McCluskey, LLC is experienced in handling will contests and other probate litigation. We represent clients on both sides of these issues and offer aggressive advocacy in service of our clients needs.

Illinois Will and Trust Contest Lawyers

In Illinois, contests to will can be raised for six months after the court opens the estate. It is not easy to challenge a will because the burden of proof is on the person making the contest. A will must be proven invalid to be overturned. Grounds for invalidating a will include:

• Mental capacity—The testator, the person who made the will, lost mental capacity before the will was signed or before changes were made to the will.
• Duress—The testator was forced or coerced into signing a will or making changes to a will using fear or threat of harm.
• Fraud—A will is made based on another person's deception and lies, which altered the testator's perception.
• Undue Influence—The testator was under pressure to sign or change a will by someone who stood to benefit from the will.
• Forgery—The will document itself is proven fake.

At Momkus McCluskey, LLC, our attorneys are skilled in representing will contests. We work with clients seeking to challenge an estate and those who seek to have the estate upheld. One of the largest firms in DuPage County, our clients benefit from our experienced senior and associate attorneys. From our offices in Lisle, IL and downtown Chicago, we work closely with clients to understand their needs and protect their rights.

Our firm always looks for expedient solutions that are reasonable and cost-effective for our clients. In some cases, however, disputes must go to court to achieve the desired result. We present our clients with all of their options and offer tough advocacy in and out of court.

To schedule a consultation with an experienced estate planning attorney skilled in handling will contests, contact Momkus McCluskey, LLC.