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Why Having a Lawyer Go Over Your Estate Plan Is Essential to Having Your Last Wishes Fulfilled

 Posted on June 16, 2022 in Estate Planning

b2ap3_thumbnail_livingston-logo.pngNo one knows when their time will come, which is why it's important to have an estate plan in place. A well-drafted estate plan can ensure your wishes are carried out after you die, but it's crucial to have a lawyer review it to avoid any disputes.

One of the most common mistakes people make when creating their own estate plans is not taking into account a few nuances. These often-overlooked errors may result in a will dispute and may result in your assets going to the people you didn’t intend. This is why it's so important to have an experienced lawyer look over your plan and make sure everything is in order.

What Are Some Common Reasons Why a Will Is Contested?

Common reasons wills are contested in Illinois include:

1) Lack of mental capacity: One potential reason for contesting a will in Illinois is if the person believes that the will-maker lacked mental capacity at the time the will was made. This could be due to factors such as Alzheimer's disease, dementia, or another mental illness. If a person can show that the will-maker was not mentally competent when they signed the will, then the will may be invalidated.

2) Undue influence: The state of Illinois Probate Act says that a person can contest a will on the grounds of undue influence. This means that they believe that the person who made the will was unduly influenced by someone else in making the decision to leave their property to that person. This can be a complex legal argument, as it must be shown that the person who made the will was not acting of their own free will, but instead was coerced or manipulated into leaving their property to the other person.

3) Creditor fraud: Creditor fraud as a reason for contesting a will in Illinois may occur when a creditor is not paid what is owed to them from the estate of the deceased. This may be due to the fraudulent actions of the person who made the will, such as deliberately leaving out certain creditors or assigning specific assets to others in order to avoid paying certain debts. If the deceased person owed money to creditors, and they will leave those debts unpaid, the creditors may attempt to invalidate the will in order to collect on the debts.

Why It Is Essential To Have a Lawyer Go Over Your Estate Plan?

There are many important reasons why it is essential to have a knowledgeable Lake County estate planning lawyer go over your estate plan. One reason is that a lawyer can ensure that your estate plan is legally compliant and will be executed as you intended. Another reason is that a lawyer can help you to choose the most appropriate estate planning tools for your specific needs and goals. A lawyer can also provide advice on how to minimize estate taxes and other expenses and can help you to update your plan as your circumstances change.

Do You Need an Attorney To Go Over Your Illinois Estate Plan?

In conclusion, having a lawyer go over your estate plan is essential to ensuring that your last wishes are fulfilled. By having a lawyer review your estate plan, you can be sure that all of your assets are accounted for and that your loved ones will be taken care of in the event of your death. If you have not yet created an estate plan, now is the time to do so.

The Livingston Law Office, LLC specializes in estate planning and can help clients create or review an estate plan to fits their needs. By working with our experienced Illinois estate planning attorneys, you can be confident that your plan will be tailored specifically to their needs and will be executed properly when the time comes.


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