Invalidating a will in illinois
Invalidating a will in illinois - speed dating description
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Meanwhile, another person whose estate amounts to, say, million, might write a will leaving .9 million to family members and 0,000 to a trusted caregiver; in such a case, the family members might choose to take advantage of the presumption and challenge the will, in which case the caregiver would have the burden of proof to show that he or she did not use fraud, duress, or undue influence to have the deceased make such a gift – even though the caregiver would only be receiving 1% of the deceased’s estate in such a situation.These disputes take many forms; however, the most common grounds for challenging the validity of a Will are the following: Hays Firm LLC represents both beneficiaries and executors in various types of probate-related litigation.If you are involved in a dispute regarding a friend or loved one’s Will or estate and have questions regarding your options, please don’t hesitate to contact Hays Firm LLC for a free consultation regarding the situation.The legislation provides that in any civil action where a transfer instrument is challenged, there is a rebuttable presumption that the transfer instrument is void if the transfer is to a caregiver and the fair market value of the transferred property exceeds ,000.Hence, instead of a deceased person’s heirs having to prove that a caregiver exercised undue influence over the deceased and procured a will, trust, or similar document in favor of the caregiver, the burden of proof shifts to the caregiver.When you believe that a will of a family member or loved one does not reflect what he or she truly wanted, we are ready to put our experience to work for you.
By listening carefully to what you have to say, then conducting a full review of all relevant documents, we can help you understand the implications of contesting the will.However, family members of the person receiving assistance -- spouses, children, grandchildren, siblings, aunts, uncles, nieces, nephews, first cousins, and parents – are excluded from the definition of “caregiver” for purposes of this article.The documents to which this law pertains are “transfer instruments” – that is, legal documents intended to effectuate a transfer effective on or after the transferor's death, such as wills, trusts, deeds, forms designated as payable on death, contracts, and other beneficiary designation forms – but only if the transfer instrument was signed on or after January 1, 2015, the effective date of the law.Accusations of undue influence may most often be found when a testator’s mental state was in decline at the time that he or she executed a will or trust, but not all such cases raise those implications.The Estate of Hoover case itself involved a testator who was found to have been mentally competent, but who was suspected of having signed codicils to his will under improper influence, where other relatives had allegedly made “a calculated series of lies, misrepresentations, and omissions” about his son’s character to persuade him to disinherit the son.In such a situation, the caregiver must prove either that (a) the caregiver’s share under the transfer instrument is no greater than the caregiver would have received under the transfer instrument that was in effect before the transferee became the deceased’s caregiver, or (b) the transfer was not the product of fraud, duress, or undue influence.