Lincoln Park Probate Litigation Attorneys | Contested Estate Lawyers Lincoln Park, IL

In this article, our Lincoln Park probate litigation attorneys explain the rules of evidence in probate disputes. The Illinois Dead-Man's Act bars testimony relating to conversations between the witness and a deceased person when the witness stands to benefit from the testimony and is an interested party in the probate litigation. One of the primary purposes of the Dead-Man’s Act is to prevent fraudulent claims in Illinois probate litigation,  will contests, and guardianship disputes.

In this article, our Lincoln Park probate litigation attorneys explain common tort claims in probate disputes. Tortious interference with the expectancy of an inheritance and fraudulent inducement are claims against a third party for committing a wrongful or fraudulent act to deprive the plaintiff of an expected inheritance. Although they are often filed in conjunction with a will contest, a will contest seeks to invalidate a will while these tort claims seek damages from the third party that interfered with the plaintiff's inheritance.

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In this article, our Lincoln Park probate litigation lawyers explain undue influence.  Undue influence is a cause of action used to invalidate wills and trusts. Undue influence occurs when a third party commits a fraudulent, wrongful, or illegal act that deprives the person creating the will or trust of his or her own free will. The existence of a fiduciary relationship is a key factor in determining whether undue influence has occurred. Certain types of relationships are automatically considered fiduciary relationships.  These are known as per se fiduciary relationships, or fiduciary relationships as a matter of law.  The following types of relationships are fiduciary relationships as a matter of law: Attorney and client; Trustee and beneficiary of a trust; Financial power of attorney; and Guardian and ward.