QUESTION

Contesting a will

Asked on Apr 04th, 2013 on Wills and Probate - Illinois
More details to this question:
If a will was changed 5 days before death leaving daughter and son out and stating that they were not to receive anything how hard is it or is it not worth contesting
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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I am afraid that question is impossible to answer without more facts. Whether the Will is worth contesting depends on the size of the state and the facts. If there is a reason to overthrow the Will, what is the proof? If someone exercised undue influence, if the decedent did not know or understand what was being signed, etc. it may be worth contesting. If the decedent did a new Will and intended to leave out people, and if no one was influencing the decedent unduly, there is probably nothing that can be done. There could be other reasons that a Will is invalid, but it all depends on the facts. You should meet with an attorney sooner, rather than later, and explain all of the facts that you know, both good and bad. It doesn't not help you to provide only the favorable facts, as the attorney will not be able to give you a candid and accurate assessment if you hold back the facts that you think are not favorable to your position.
Answered on Apr 05th, 2013 at 4:32 PM

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