Contested Probate

What Is Contested Probate?

Often, probate is a smooth process, but there are times when someone in the family or another loved one of the deceased does not agree with a portion or portions of the will. In this case, it is considered contested probate. The person contesting the will usually believes that they have a right to more or different assets than what they have received.

In order to protect your loved one’s wishes, it is best to consult with an expert Contested Probate Lawyer. An attorney who is well-versed in Contested Probate Law and has experience with Contested Probate Proceedings can efficiently guide you through the litigation process with less stress.

Conflicts over probate can make an arduous process even more difficult, so you need to work with a competent Contentious Probate Law Firm to help put your mind at ease. The attorneys at Leon J. Teichner & Associates, P.C. have more than four decades of experience in Contentious Probate Law. If you are located in the area of Chicago, IL, call (312) 900-9818 for a consultation.

What Happens When Probate Is Contested In Illinois?

When a person passes away, their estate is entered into probate. At that point, claims can be filed against the estate, if someone disagrees with it for some reason. The hearing for the claim is usually scheduled for within 30 days of the filing.

During the hearing, the representative for the estate can do one of the following: dismiss the claim, allow the claim, continue the claim, or set up the claim for a hearing in the future.

The claim is continued if both parties are in agreement that the claim can indeed be settled. If the representative disputes the claim, it will go to trial, allowing for additional pleadings and discovery.  The estate representative could possibly file a counterclaim against the person contesting the probate.

Once there has been a claim or counterclaim delivered, anyone involved in or affected by the estate has 30 days to file their own claims or defenses. Next, the claim will move to trial after discovery is completed. The burden of proof will lie with whoever the claimant might be.

If you have questions about how Contested Probate Proceedings in Illinois, you should consult with a professional who is familiar with Contested Wills And Probate Lawyers. The attorneys at Leon J. Teichner & Associates, P.C. know all the strategies to help you with your Contested Probate. If you are located in the area of Chicago, IL, call (312) 900-9818 for a consultation.

What Are Some Common Reasons That Probate Might Be Contested?

Some common reasons that someone might contest the probate of a loved one’s estate are:

• Proof of fraud or forgery
• Lack of proper formalities
• Lack of testamentary capacity
• Undue influence
• Discovery of a more recent will
• Discovery of paternity/maternity

While this is not an exhaustive list of reasons for contesting probate, they are very common. There might be other personal reasons that one might bring a probate contest claim. Often, contested probate is brought about after personal conflicts, disrespect, or lack of communication among the family members. Sometimes, experienced probate lawyers can help settle the case by finding the root of the issues.

If you have questions about bringing a claim to contest probate, you should work with an experienced Contested Probate Lawyer. The attorneys at Leon J. Teighner & Associates, P.C. will guide you in litigation. If you are located in the area of Chicago, IL, call (312) 900-9818 for a consultation.

How Long Do Contested Probate Proceedings Usually Last?

Probate naturally moves through the legal system much quicker if it is not contested. Once contested, it might take one to two years for the case to be settled. Some claims take up to three years to settle.

If you have questions about bringing a claim to contest probate, you should work with an experienced Contested Probate Lawyer. The attorneys at Leon J. Teighner & Associates, P.C. will guide you in litigation. If you are located in the area of Chicago, IL, call (312) 900-9818 for a consultation.