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 handling will contests. We work with clients seeking to challenge an estate and those who seek to have the estate upheld. 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.
To schedule a consultation with an experienced estate planning attorney skilled in handling will contests, contact Momkus McCluskey, LLC.