Estate Disputes
Probate and Estate
Administration

Will Contests and Trust Dispute Lawyer in St. Clair County

Wills and trusts, when implemented effectively, are powerful and useful tools for managing assets and determining their futures. When drafted poorly, they can prove to be a nightmare for intended heirs, beneficiaries and others who have a stake in the apportionment of an asset.

Johnson, Johnson, & Nolan, Attorneys at Law, in Belleville, Illinois, put considerable effort into the wills, trusts and other estate planning documents we prepare for our loyal clients in St. Clair County and surrounding areas. However, we also prove our worth when such documents are ill conceived or executed in a fraudulent manner.

If you have questions about a will or a trust and are considering challenging one in court, contact our experienced estate dispute lawyers today.

Sound Advice When Contesting an Estate Plan

Estate plans are only as good as the words that define them and the circumstances that surround them. If a will, trust, guardianship, or conservatorship is vague, contradictory, or was executed with fraudulent intent, an interested party can challenge it in court on a variety of grounds, including:

Mental incapacity: If a change to an estate document was enacted after the owner became mentally incapacitated, it may be vulnerable to a court challenge.

Undue influence: If a court determines that an estate document was altered on the owner’s behalf due to undue influence or pressure from a potential beneficiary – such as an administrator, personal representative, trustee, executor, or caregiver – the alteration could be overturned.

Breach of fiduciary duty/theft: If an administrator spends money from an estate or trust without permission, that person can be held liable.

Fraud: If a party defrauds an estate or its beneficiaries through misrepresentations, it is possible to seek compensation and punishment in court.

Experienced Belleville Estate Litigation Attorneys

At Johnson, Johnson, & Nolan, Attorneys at Law, our attorneys have represented clients for five generations on financial matters. If you are involved in an inheritance struggle, a trustee dispute, or seek clarification concerning an estate document, we can help.

Likewise, we can assist in matters of contested:

Given sufficient evidence, our attorneys can petition for the removal of the administrating agent, seek to restore an estate or trust to its originally intended purpose, and pursue relevant penalties, if necessary.

Protecting Legacies for Five Generations

For a free initial consultation with an experienced Belleville estate litigation lawyer, call Johnson, Johnson, & Nolan, Attorneys at Law at 618-400-4385 to learn more.

Frequently Asked Questions: Estate Disputes

What are the most common reasons for contesting a will?

Will contests typically arise when there is a belief that the document does not reflect the true intent of the deceased. Common grounds include:

  • Lack of Testamentary Capacity: Proving the individual was not of “sound mind” when the will was signed.
  • Undue Influence: Asserting that a third party pressured or coerced the deceased into changing their estate plan.
  • Fraud or Forgery: Claims that the document was tampered with or signatures were forged.
  • Improper Execution: The will was not signed or witnessed according to Illinois legal requirements.

In Illinois, only “interested persons” can legally contest a will or trust. This generally includes heirs-at-law (family members who would inherit if there were no will) and beneficiaries named in a prior version of the estate plan who stand to lose out under the current version.

Timing is critical. In Illinois, a petition to contest a will must generally be filed within six months after the will has been admitted to probate. Missing this window can permanently bar your right to challenge the estate.

This occurs when an executor or trustee fails to act in the best interests of the beneficiaries. Examples include:

  • Self-dealing or misappropriating funds.
  • Failing to provide an accurate accounting of assets.
  • Neglecting to manage or invest estate assets prudently.

Yes. While we are prepared to litigate aggressively, many disputes are resolved through mediation or negotiated settlements. This can often save the estate and the beneficiaries significant time, stress, and legal fees.