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Champaign County Will Contest & Disputes

Resolve any will disputes with our Champaign County Will Contest and Dispute attorneys who will be your advocate to get what you need out of your legal case.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

Top 3 Qualities to look for in Your Attorney

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

More information about our Champaign County Will Contest & Disputes

Our highly experienced Champaign County will contest attorneys will be your advocate and fight for your rights during your will dispute. Our attorneys help executors defend a will, beneficiaries or individuals who know their rights aren't being protected.We will focus in on key issues of any case to help you create a formal objection to the validity of the will. Our dedicated teams of attorneys will ensure you are put in the best position to succeed and receive a favorable outcome. Explore our cost effective solutions to get what you need out of your will contest case. 


Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

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Please contact our friendly lawyers to Schedule a Consultation.

(217) 803-8679
champaign.il@oflaherty-law.com

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Further Reading from our Champaign County Will Contest & Disputes

Will Contests

In this article, our Champaign County will contest attorneys discuss who has standing to contest a well as well as the process of contention and the statute of limitations behind filing a will contest. If an interested party believes that a will that has been admitted to probate is the result of mental incompetence, undue influence, or fraud, he or she may file a petition to contest the validity of the will in the probate court in which the will has been admitted.  Evidence will be presented by both sides and a trial will be held to determine whether the claims of the interested party who filed the petition cause the will to be invalid. Any “interested person,” as defined by the Illinois Probate Act, may file a petition to contest a will.  The Illinois Probate Act defines an “interested person” as an heir, legatee, creditor, person entitled to a spouse’s or child’s award and the representative. The executor or administrator has a duty to defend the validity of the will against will contests unless the executor or administrator reasonably believes that the contested will is invalid. The validity of a will can be contested on a variety of bases, known as “causes of action.”  These include undue influence, lack of testamentary capacity, fraud, forgery, compulsion, or other improper conduct, revocation, and noncompliance with formalities of execution.


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Undue Influence in Champaign County Will Contests

In this article, our Champaign County will contest attorney examine undue influence in will contests and give you the information you need to understand what it is and how they are used in will contests. “Undue influence” is one of many bases for arguing that a will is invalid, other causes of action include lack of testamentary capacity, fraud, revocation, and noncompliance with formalities of execution.

“Undue influence” occurs when a person executing a will or trust (“a testator”) has his or her own will overpowered by another’s improper or wrongful constraint or persuasion, which causes the person executing the will or trust to act in a way he or she would not have acted in the absence of the undue influence.  

‍The undue influence must have occurred at the time that the will was drafted, and must have tended to deprive the testator of the ability to freely make decisions.  The mental capacity of the testator is an important consideration in undue influence cases.  In cases where the testator was in a weak or disabled mental state, less evidence is required to prove undue influence than when the testator has full command of his or her faculties.


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Testamentary Capacity in Champaign County Will Contests

In this article, our Champaign County will contest lawyers discuss lack of testamentary capacity as used in will contests as a cause of action. Lack of testamentary capacity is one of several bases for arguing that a will or trust is invalid, including undue influence, fraud, revocation, and noncompliance with formalities of execution. In order to invalidate an Illinois will or trust based on lack of testamentary capacity, the person challenging the will must establish that at the time the will or trust was executed, the testator did not have the mental capacity to:

  1. Know and remember his or her children and other immediate family (referred to by the term of art “natural objects of his or her bounty”);
  2. Understand the property he or she owns; and
  3. Plan for the disposition of his or her property.

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