We have decades of experience handling will contest cases and trust contest cases in the state of Illinois. We are offer contacted by clients in regard to contesting a will or contesting a trust. Sometimes these cases have to do with family members or others allegedly alienating an elderly relative from them, or substituting their own intents and desires for the elderly relative. Many of these issues have to do with duress, which can be an extreme form of stress where a person does or does not do something but for the duress. Sometimes there are claims of undue influence, meaning that the elderly person may have been basically forced into doing something they did not understand or did not wish to do, possibly by a person who had Power of Attorney or who was otherwise in a fiduciary relationship with the elderly person. We are often contacted in regard to will contest or trust contest cases having to do with lack of mental capacity. This can relate to the age or circumstances of the elderly person, their physical, emotional, and/or mental condition, medications they were taking or not taking, and whether or not they were sufficiently competent on a given day, considering all facts and circumstances, to execute certain estate planning documents that later became disputed. There can also be issues of fraud in regard to trust contests and will contests. Fraud may have had to do with intentional wrong doing perpetrated against the elderly person with a claim that if not for the fraud, the elderly person would not have made certain estate planning documents, or engaged in certain estate planning actions including, but not limited to, in regard to assets, liabilities, joint tenancy accounts, payable on death designations, beneficiary designations regarding various assets or other types of wrong doing, sometimes allegedly perpetrated by the person who had Power of Attorney over the elderly person, for their own financial benefit or the benefit of their family. In will contest cases and trust contest cases, there also can be issues in regard to tortuous interference and inheritance expectancy. In other words, the claim is that if not for the wrongful civil interference by a person who may or may not have had Power of Attorney, inheritance expected would not have been interfered with and the person bringing the claim would have received that which was previously provided for in estate planning documents, or in regard to the way finances were established, by the elderly person, sometimes for many years.

Trust and will contest law firm accepting matters from Paxton, Ford County, Champaign, Champaign County, Danville, Vermilion County