Executors Are Duty Bound to Defend Contested Wills

by | Dec 1, 2017 | Attorney

There are many reasons for a will to be contested, whether through blended families, disowning of children, or disputes between siblings. Ideally, the party in question will have their will and estate thoroughly reviewed by a probate lawyer prior to their death, but in the event that this does not occur, or is not successful, it is best to be prepared to defend the will contestation. Illinois law states that the executors of a will must defend it from any contest.

How is a Contested Will Defended?

Knowledgeable Wilmette contested will lawyers can provide the necessary advice and direction to their clients who are defending a will in which they are named as executor. Executors can save a lot of time and money by obtaining a medical doctor’s certification of sanity at the time of the will writing, creating a video recording or other documentation of the writing of the will, and establishing credible witnesses of the deceased’s wishes prior to their passing.

If none of these elements are established prior to death, it becomes increasingly difficult to establish the wishes of the deceased and the courts will likely become involved. Wilmette contested will lawyers are a necessary option to defend a contested will.

What is Probate Court and How Does it Impact a Contested Will?

Probate court handles all matters relating to the settlement of estate properties and assets as well as the settling of debts. Any will contestations will be brought before probate to be resolved. Executors will be required to appear in court with their Wilmette contested will lawyers to argue the validity of the will. This process can be lengthy and contentious and representation by experienced Wilmette contested will lawyers can help to secure a favorable outcome.

Orlowsky and Wilson, Ltd. is a full-service legal practice that specializes in the areas Estate Planning and Business. With offices throughout the greater Chicago area, they are available to serve the needs of clients located in Lake and Cook Counties as well as the entire state of Illinois.

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