QUESTION

appelite court reverses decision of the circuit court

Asked on Feb 22nd, 2013 on Wills and Probate - Illinois
More details to this question:
does the appelite court reverse circuit court decision very often. My mother and father signed a will and it does not mention mutual. How will the court address the will as to the heirs mentioned in the will.
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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Although you do not give many details, I will answer what I can. Trial court decisions get reversed all the time, but the percentage of trial court decisions that get reversed is not high. If the basis for the appeal is highly factual, the percentage is very low. Appellate courts usually will not second guess the trial court's assessment of the testimony and facts because a trial judge (or jury) is in a better position to assess the witnesses and their credibility. If the basis for the appeal is an issue of law, appellate courts are much more apt to over rule a trial court. Some issues are a mixed question of law and fact. The same rules apply (deference is given to factual determinations but not legal determinations). It is impossible for me to speculate with any degree of accuracy without much more information than what you have given. Someone would need to review the Will document and the transcripts from the trial to give you a good assessment. Further, how the matter might affect the heirs and people named in the Will depends on whether the trial court decision is upheld or turned over. If you would like an informed opinion, you will need to see an attorney who can review everything.
Answered on Feb 25th, 2013 at 3:42 PM

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