Illinois Probate Law Articles

Probate is a court case that oversees the process of collecting and disbursing the assets of an individual’s estate once he or she has passed away. If the deceased (known from here on as the decedent) had a valid will and named someone to manage his or her estate, the court will appoint this person as executor of the estate, as long as he or she is fit to take on the role. If the decedent did not have a will, the court will appoint an administrator to fulfill the responsibilities of an executor until the case comes to an end.

If the decedent has a valid will, the person the decedent named as executor in the will is responsible for a full accounting of the estate, the distribution of assets and providing an estate accounting to anyone that is classified as an interested person or party. If there is no will, or an executor has not been named, an administrator appointed by the court will be responsible for the estate accounting, as well as all other duties expected of an executor.

In this article, we will explain the torts of tortious interference with an expectancy of inheritance and fraudulent inducement, two common causes of action in Illinois probate litigation. In the context of Illinois probate disputes, both causes of action are brought against individuals who wrongfully deprive the plaintiff of his or her inheritance. We will discuss the elements of each cause of action in Illinois and how they interact with Illinois will contests.