Probate is the court system's process of confirming that a person who has died left a valid last will and testament. That person can no longer speak or clarify something that is in question. Conflicts arise as to whether a will is valid, and also about how the distribution of property and assets is areis being handled. Trusts, guardianship, and other related matters may come into question as well.
A will may be contested for various reasons, including legal formalities, capacity of the decedent when creating the will, and improper influence of other parties in the details of the will.
Aside from bequests in the will, issues that are frequently disputed include:
- Whether the proper person was assigned to be executor
- Whether the executor has handled funds improperly or been unfair to beneficiaries
- Delay in distributing property or assets
- Appraisal of items you or others received
- Terms of a trust were not respected
- Breach of fiduciary duty
Just as with a will, a trust may have been created under undue influence by someone who would benefit. It can be challenged on many of the same bases as a will.
If you wish either to contest or defend a will or the way probate has been handled, contact a lawyer as soon as possible, before the assets are depleted.
Call the Law Office of Jerome G. McSherry, P.C., at (847) 253-7006 or contact us online. Mr. McSherry is an accomplished negotiator and civil trial lawyer. He has represented Fortune 500 companies, and taught and published on the law. Let our firm advise you of your rights and represent you in any probate contest.
LAW OFFICES OF JEROME G. McSHERRY, P.C.
ATTORNEY AT LAW
Plaza Office Park
121 S. Wilke Rd, Suite 407
Arlington Heights, IL 60005
Telephone (847) 253-7006 ● Fax (847) 253 - 7009
Map and Driving Directions ● E-Mail the Firm
Located in Arlington Heights, Illinois, lawyer Jerome G. McSherry serves clients throughout Cook County and surrounding Lake County, DuPage County, Will County, and Kane County, including the communities of Barrington, Buffalo Grove, Inverness, Palatine, Schaumburg, Wheeling, and Mt. Prospect.