10231 South Western Avenue, 1st Floor, Chicago, IL 60643

phone312-973-3755

Chicago Estate Administration Attorney

Chicago Estate Administration Attorney

Lawyer in South Side Chicago for Contested and Uncontested Estates

When a person dies, their estate will usually need to go through probate. During the estate administration process, the deceased person's debts will be settled, and their assets will be distributed to their heirs. The executor named in the person's will or a representative of the estate appointed by the probate court will be tasked with addressing all issues related to the administration of the estate. In many cases, a person's assets can be distributed without any problems, but there are some situations where a will may be contested. For both contested and uncontested estates, it is important to work with an experienced probate lawyer to ensure that all legal issues will be addressed correctly.

At The Marques Eason Law Group, we work with executors and estate representatives to ensure that they can complete all requirements during the probate process. We can ensure that an uncontested estate can be administered correctly and that all assets can be properly distributed to beneficiaries. In cases involving contested estates, we can address any disputes that may arise and determine the best ways to resolve these matters in a way that will respect the decedent's wishes. We also provide representation for beneficiaries, ensuring that their interests will be protected and that their loved one's wishes will be carried out correctly.

Administration of Uncontested Estates

When administering an estate, executors will need to take care of a number of tasks in order to wrap up the deceased person's affairs. This may include paying any outstanding debts, filing tax returns, and notifying interested parties. In most cases, an uncontested estate can be handled without any major problems. However, there may be some situations where additional legal assistance may be needed, such as when valuations of complex assets will need to be performed or when heirs cannot be located. With the help of an experienced attorney, an executor or estate administrator can make sure these issues will be resolved efficiently and effectively.

Resolving Disputes Related to Contested Estates

When an estate is contested, disagreements may arise among the interested parties about how the estate's assets should be distributed. These types of disputes may occur if there is no will, if the terms of a will are unclear, or if a person believes that the will filed in probate court is invalid. While there are some situations where a person's heirs will be unhappy with the decisions made by the decedent, the terms of a will must be followed as long as the will is legally valid. Therefore, cases involving contested estates will usually address the validity of a will. There are only a few possible reasons to challenge a will, including:

  • Testamentary capacity - When creating or updating a will, a person must have the ability to understand the decisions they are making, including knowing the extent of the assets they own and being able to identify the individuals who should receive different assets. In some cases, a will may be challenged on the basis that the decedent did not have the mental ability to fully understand what they were signing. For example, if a person had been diagnosed with Alzheimer's disease several years ago, but they signed a new will a month before their death, their family members may claim that they were unable to understand the terms of the new will.
  • Undue influence - This occurs when a person's wishes for their estate are improperly influenced by another individual, such as through manipulation or coercion. This type of influence may be committed by a person who had some level of control over the person's finances or their personal care. However, it can be difficult to prove undue influence, since there must be evidence that the decedent was coerced, threatened, or manipulated into making decisions in their will that went against their actual wishes.
  • Fraud or forgery - A will may be invalid if it was not actually created or signed by the decedent with a full understanding of the decisions being made. Family members may believe that someone altered their loved one's will after it was signed, that the decedent's signature was forged by another person, or that the person signed the will under the belief that they were signing another type of document.
  • Improper execution - A will must be created and signed in accordance with state laws in order for it to be considered valid. Illinois law requires a will to be signed in the presence of two witnesses, who will also be required to sign the document. A will may be challenged on the basis that all of the legal requirements were not fully met when it was signed.

Contact Our Evergreen Park Estate Administration Attorney

The probate and estate administration process can be complicated, so it is important to seek legal assistance if you are an executor or administrator. Beneficiaries or other interested parties may also need to seek out representation if they encounter any concerns about the administration of an estate or the validity of a will. At The Marques Eason Law Group, we have years of experience handling both uncontested and contested estates. We can help you navigate the probate process and ensure that your interests are protected and that your loved one's wishes will be followed correctly. Contact us today at 312-973-3755 to learn more about the legal assistance we can provide.

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