How do I contest a will?

When a person dies, they may have written a will that outlines who is to inherit their property. In some cases, a person may wish to challenge the validity of the will or contest it for various reasons. In Illinois, the process for contesting a will is established by the state’s Probate Act of 1975. To contest a will, the person must file a ‘Notice of Contest’ with the court of probate in the county where the will was filed. In the notice, the person must specify the grounds for contesting the will, such as if the person believes the will was signed under duress or if the will was not properly executed. Once the Notice of Contest has been filed, the court will set a hearing date to consider the challenge. The court may also appoint a lawyer to represent the estate. During the hearing, the person contesting the will must present evidence to support their claim, such as witnesses or documents. Any person mentioned in the will has the right to appear at the hearing to support or oppose the challenge. An attorney who specializes in wills and probate law can help guide a person through the process of contesting a will in Illinois. They can provide the legal advice necessary to understand the laws and the best way to approach the challenge. Ultimately, the court will make the final decision on the validity of the will.

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