Contested Estates

Contested Estate Law Firm

Drafting a will must be meticulously done because, if and when an estate must go through probate (via a probate court), the court determines to what degree it is given legal effect. During this process, a party that will be affected (such as next of kin) has the right to declare that the will must be contested due to an issue while it was drafted, such as the testator being incapacitated or the will failing to abide by the law. This process is typically done as a formal proceeding and it can split families apart and turn people against each other if they end up fighting over various assets, personal property, real estate, and other forms of inheritance.



Typically, a party seeking to contest an estate must argue that the will or trust was fraudulent or that the person leaving the will was incompetent or unduly influenced by another party when it was drafted. Other issues that give rise to contesting a will may be vague, unclear language or intentions. For example, this could involve:


  • A parent who was threatened by a family member;
  • The will creator suffering from dementia;
  • A document that was drawn up, in part, in reliance on fabrications; and/or
  • A term that can be interpreted in different ways.


An estate is most frequently contested if a family member feels that their rights have been denied or if the individual appointed with a fiduciary duty by the deceased becomes questionable in their decisions. In these cases, it is crucial that you work with an experienced attorney in addressing these issues in order to minimize conflict.


The Fitzgerald Law Firm, P.C.

The Fitzgerald Law Firm, P.C. is a recognized, top law firm in contested estate issues in Naperville, Illinois. We provide over 16 years of professional skills assisting clients with a variety of legal issues; we have experience drafting wills, creating living, business, education, retirement, and other trusts, assisting clients in establishing power of attorney, and other estate-related issues. We’ve been working locally in Illinois for many years, and we can assure you that you will receive quality, personalized legal representation. Contact our Naperville offices today at (630) 946-6060 to speak with an experienced attorney