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) 313-0120 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) 313-0120 for a consultation.