Wheaton, Illinois Contested Will Attorneys

Aggressive Lawyers for Contested Wills in Wheaton

Sometimes in the midst of the most challenging circumstances, the pressure increases. You are already dealing with the loss of a loved one; you should not have to handle a contested will alone. At the Davi Law Group, we strive to preserve the validity of your loved ones wishes. We will examine legal documents and investigate the circumstances surrounding the contested will.

If going to court is the best option for a client, we will fight for equity to make sure that the proper actions are carried out on behalf of the decedent. We have strong experience in estate litigation and are highly knowledgeable about probate laws and the grounds for a valid contesting of a will.

Examining Contested Wills for Clients throughout Chicagoland

Contesting a will is a serious matter. Additionally, defending against invalid objections to a will may require an aggressive defense in Probate Court. Our attorneys are poised to support whatever side of the Will you may be on.

Some common reasons for contested wills may include:

• A revoked will is presented as a valid will
• The mental state of the will creator is questionable
• The Will is missing information required by law
• Evidence of fraud, forgery, coercion or deception
• Failure of executor to fulfill prescribed duties
• Poor management of property and assets
• Proof of unauthorized changes or additions
• Improper protocol for amendments
• Sudden involvement of parties not related to the decedent

We are experienced at analyzing the activities of will administrators and beneficiaries in order to build a strategy for discovering the truth. No matter what you are facing, we can help, providing aggressive representation and counsel to protect you in court.

What Is Undue Influence?

If the will creator (testator) was manipulated into modifying the terms of the will by an outside party, there may be room to make a claim of undue influence. If the court agrees that the testator was unduly influenced, the will could be challenged.

In order to prove undue influence, you must present evidence showing that the outside party made a real effort to influence the will, such as isolating the testator from the beneficiaries. Based on the evidence presented, a judge can amend or even invalidate parts of a will that were unduly influenced.

Fiduciary Duty of Executors in Illinois

An executor of a will has a fiduciary duty to the beneficiaries. This essentially means that the executor must act unselfishly, serving the beneficiaries' best interests. An executor could be relieved of their position if the court finds that they have not fulfilled their fiduciary duty. For example, an executor could be found in breach of duty if they embezzle funds from the estate.

Not all breaches of fiduciary duty involve outright fraud. In some cases, an executor could be removed if they cannot competently manage the deceased person's assets or otherwise mismanaging the estate by making poor investment decisions. At the Davi Law Group, we represent both beneficiaries and executors in disputes involving contested estates.

Reach Out to a Wheaton, IL Contested Will Lawyer

During the administration of your loved one's estate, you may run into issues while assets and property are being distributed. Seeking legal representation is essential for protecting yourself when disputes arise. Contact our DuPage County estate administration attorneys to get sound legal guidance about dealing with contested wills today. We offer free in-person consultations to get to know our attorneys and reasonably-priced consultations to discuss your specific needs. We serve clients in DuPage, Will, Kane, Kendall, and Cook Counties from our Wheaton, Naperville, Plainfield, Joliet, and Chicago, Illinois offices. Should you retain us as your counsel, financing options are available.