Legal Question in Wills and Trusts in Illinois
Can I challenge a will without a lawyer?
I am an heir to an estate in Adams County, IL. I am not however getting any of the inheritance. I am considering making a challenge to the will. I believe I was not included due to oversight, the deceased did not know my whereabouts. Can I file the necessary papers to do this myself, without retaining an attorney?
2 Answers from Attorneys
Re: Can I challenge a will without a lawyer?
Of course you can.
Re: Can I challenge a will without a lawyer?
You can file a challenge to a will without an attorney. However, you will still need to pay the filing fees for a petition to set aside the will. In addition, you would need to travel to the courthouse for hearings on motions in response to your petition and also for a hearing on the petition itself.
In addition, probate law is very formal and you will need to do a great deal of research both into the statutes and the cases interpreting the Illinois Probate Act.
In general, unless the amount you stand to gain is fairly large, and you have a lot of time and resources to devote to the task, you are better off consulting an attorney just to decide whether or not a challenge is worthwhile.
Proceeding on your own into a will contest is an easier way to throw good money after bad than hiring a lawyer to give you an honest assessment of your rights.