Legal Question in Wills and Trusts in Illinois

costs associated with contesting will

Who is responsible for the costs of taking a case to probate court? Is the executor responsible for the costs? Do the costs associated with contesting the will come out of the estate? Is the person contesting the will responsible for the costs? Who pays these court costs and attorney fees?


Asked on 1/29/06, 6:23 pm

1 Answer from Attorneys

Re: costs associated with contesting will

The attorney's and executor's fees are paid from the estate.

If someone contests the will, they generally pay their own attorneys' fees. However, if it benefits the estate, the person may be able to petition the court to have them paid from the estate as well.

If you have any questions regarding your specific situation, please make an appointment to meet with an attorney who can review all of the pertinent documents and advise you appropriately.

Good luck to you.

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Answered on 1/29/06, 10:42 pm


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