Should You Consider Contesting a Will or Trust?

by | Sep 12, 2017 | Lawyers

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When someone dies, a will or trust is often used to pass along the deceased’s possessions to those whom they cared for. A person’s will should be taken very seriously as it is among their last wishes. It can also have a significant impact on those who do or do not receive something from the will. For that reason, it’s not entirely uncommon for people to contest a will when they don’t receive what they believe they should have.

A Northfield contested trust lawyer can help you decide if contesting a will is the appropriate choice. Likewise, if you are contesting a will, they can help ensure that your rights are represented in the court. The first important question you must answer is, “Should I contest the will”?

Should You Contest It?

A Northfield contested trust lawyer will help you determine if you should contest the trust or will. It is a serious undertaking that can be financially and emotionally taxing on those who are involved. In many cases, it’s best to fully comply with the will and avoid contesting it in court. However, there are some instances when a will should be contested.

A Reason to Contest

Perhaps the best reason to contest a will is that it is believed to be illegitimate. That may happen if the will itself is actually forgery or if the will was written at a time when the deceased was not of sound mind. In either of these situations, the legality of the will can be called into question. A Northfield contested trust lawyer will help determine the legality of the will and then provide the necessary evidence and legal arguments to the court.

A Careful Decision

Never take the decision to contest a trust lightly. It often ruins relationships, whether family or friend. In many cases, mediation between affected parties can be a safer and cheaper alternative. If there is no possible alternative, then seek the assistance of a professional attorney to represent your interests.

Orlowsky & Wilson is a Chicago-based law firm. They represent businesses and individuals in multiple areas of law, including contract law, tax representation, estate and gift tax, wills and trusts, and business litigation.

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