Introduction: A Real Client, A Real Challenge
At O’Flaherty Law, we believe every case tells a story. This is the story of how we helped “Martha,” a retired schoolteacher and lifelong caregiver, through one of the most difficult times of her life: a contested probate proceeding after her brother’s passing.
Martha never expected to be in a courtroom after her brother’s death, especially not fighting over a will she thought didn’t reflect his wishes. But when a last-minute will surfaced excluding long-time family members for one niece who had taken over his care in the last months of his life, Martha knew something wasn’t right.
What followed was a journey through probate court—one that required not only legal guidance but emotional support, strategic thinking, and persistence. This case shows how we work with our clients to make sure their voices are heard, their loved ones’ wishes are honored, and justice is pursued through proper estate administration.
Background: The Legal Issue
Martha came to us just a few weeks after her brother’s funeral. She was grieving, overwhelmed, and unsure of what to do. Her brother had always been transparent about his estate plans. He had shown her an original will several years ago that divided his estate equally among siblings and several nieces and nephews.
But shortly after his passing, another family member—his niece and recent caregiver—filed a different will with the probate court. This new will excluded nearly every previous beneficiary and leave the bulk of the estate to her.
The change in beneficiaries was a shock to Martha and others close to her brother. Adding to their concern was the fact that the new will was drafted and signed just a few months before his death, when his cognitive health was already in decline. Martha’s goal wasn’t to create family conflict but to make sure the court honored the will her brother had thoughtfully prepared when he was of sound mind.
Key Facts
Martha was the decedent’s sister and one of the original beneficiaries. The legal issue at the heart of the case was the validity of the new will which had changed the estate distribution dramatically. The case was in DuPage County and ran from January 2023 to August 2023.
Our Approach
From the moment we spoke with Martha, we knew this case would be both legally and factually complex. Our first task was to get the full history of the estate planning documents. We collected and reviewed both wills, comparing the beneficiaries, witnesses to each document, and the circumstances under which each will was executed.
It quickly became clear that timing would be key to the case. The new will was created just weeks after Martha’s brother was hospitalized for a series of strokes, raising red flags about his mental capacity. We got his medical records and consulted with a geriatric specialist to see if cognitive impairment may have affected his ability to understand the will he signed.
In addition to the medical questions, we investigated the surrounding circumstances. The niece who filed the new will had taken control of the brother’s financial affairs near the end of his life. While this could have been innocent, it also raised the possibility of undue influence. We interviewed other family members, neighbors, and even his long-time accountant to get a picture of his state of mind and intentions.
Once we had our evidence, we filed an objection to the new will with the probate court. We asked the court to pause the estate distribution and allow time for further inquiry. We also asked to have the earlier will entered into the record and admitted as the controlling document. Throughout this process, we communicated directly with opposing counsel, presented our findings in pre-trial hearings, and worked to mediate the matter with all interested parties.
While tensions ran high—especially among family members—we remained committed to keeping the process as peaceful and respectful as possible. Probate litigation can be emotional, and we made sure Martha was informed, supported, and empowered every step of the way.
The Result: A Win for Our Client
After nearly 8 months of contested probate proceedings, we got a result that restored what Martha and others believed to be her brother’s true intent. The court found sufficient evidence that the new will was executed under questionable circumstances and admitted the earlier will as the valid testamentary document.
The estate was then administered according to that original will, which provided for Martha and her siblings as well as other relatives and charitable causes her brother had always supported.
This was not just a legal win—it was a personal one. Martha felt her brother’s voice was heard in the process. The result also set a tone within the family, encouraging reconciliation and avoiding further litigation.
Why It Matters
This was more than documents and deadlines. It was about dignity, memory, and honoring a loved one’s voice. It shows probate litigation is not just about distributing assets but making sure the process is fair, legal, and in line with what the decedent intended.
Our commitment to Martha—and every client—is to offer more than just legal representation. We aim to provide peace of mind during a time that is often chaotic and uncertain. We do this through consistent communication, a deep understanding of the law, and strategic advocacy that meets each client where they are.
Is Your Situation Similar?
If you’re going through probate and think something doesn’t feel right—whether it’s an unexpected will, unusual behavior by an executor, or unanswered questions about your loved one’s estate—you don’t have to face it alone. O’Flaherty Law can guide you, answer your questions, and advocate for what’s fair and legal.