Schaumburg Probate Litigation Lawyer

Cook County Estate Planning Attorney in Schaumburg and Throughout Illinois

Having a properly executed will or trust does not always ensure that the probate process runs smoothly. If a legal challenge is made to a will or trust, probate litigation can follow. At Anderson Attorneys, P.C., we represent clients on both sides of probate litigation. We closely examine all estate planning documents and investigate the circumstances of the challenge.

We also assist clients in disputes involving the administration of a will or trust. Executors, administrators, and trustees have a fiduciary duty to uphold. If they are accused of incompetence or fraud, probate litigation may be necessary. We represent clients in both sides of these disputes as well.

Contesting a Will

When family members or other potential beneficiaries feel that a will has not been properly executed, they can challenge it in probate court. This often occurs when a family member is excluded from an inheritance or when a will has been suspiciously altered just before the testator dies. A challenge to the validity of a will can be made based on a number of grounds including:

• Mental capacity – Challenging whether the testator was of sound mind when the will was executed or revised.
• Undue influence – Challenging whether the testator was pressured or coerced into creating or revising the will in question.
• Improper execution – Challenging whether the will was signed according to state laws.
• Fraud – Challenging whether the testator was deceived into signing the will or the will was altered after it was signed.

Successfully challenging a will can be difficult, because the testator is not available for questioning. We are experienced in handling these cases, and we know how to effectively and efficiently investigate these matters. Our primary goal is to protect our client’s rights and interests, but we are always mindful of respecting the wishes of the decedent as well.

If you are involved in a probate dispute of any kind, contact us at 847-850-8899 to schedule a free consultation to discuss your case. Our office is located in Schaumburg, and we represent clients in Cook County, DuPage County, Lake County, Kane County, and other communities in the Chicago area.