Tag: inheritance

Undue Influence When Making a Will: What You Need to Know

Posted May 22, 2022 by Law Office of Andrew Szocka

When someone uses undue influence to affect the contents of a will, that will may not be valid. If you are helping a relative manage his affairs, you should know how undue influence could negatively affect his legacy. Alternatively, if you are shocked at the contents of a deceased relative’s will, you may need to figure out whether it was the product of undue influence.

What Is Undue Influence?

Unfortunately, a friend or relative looking to inherit may persuade a person making his will to change the contents. The law calls this “undue influence” when it “prevents the testator from exercising his own will in the disposition of his estate”. In other words, the friend or relative’s wishes end up in the will, rather than the testator’s wishes.

When someone is unduly influenced, he or she may have been pressured, bullied, or misled. But even kindness or affection could become undue influence if they keep the testator from putting his own wishes in the will. For example, a relative who wants to inherit more money might begin spending more time with a testator, being friendly while subtly hinting that the other relatives do not deserve inheritances.

When Does Undue Influence Happen?

To call a will into question, the undue influence must have been directly connected with the will’s signing. It also must have been operating on the testator when the will is made. In other words, the undue influence can’t have happened years earlier. And it can’t have been on a subject other than the contents of the will. (However, elder abuse laws might prohibit other kinds of influence over an older person’s actions.)

Who Can Unduly Influence a Testator?

Heirs, potential heirs, and people connected to heirs can unduly influence a testator. For example, a son could convince his mother to increase his inheritance and disinherit his siblings. Or the son’s wife could convince her mother-in-law.

Suspected undue influence may lead to a will contest in probate court. The disinherited siblings, for example, could question whether the son unduly influenced the mother’s will. If the court finds that there was undue influence after reviewing the siblings’ evidence, the will would not be valid. A prior will or the order of intestate succession would dictate how to distribute the estate.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

What to Do If You Have Been Disinherited from an Estate

Posted May 20, 2022 by Law Office of Andrew Szocka

If you were expecting an inheritance, learning that you have been disinherited from an estate could be devastating. You were probably expecting the money or property and had been counting on receiving it. In this situation, you have a few possible options, such as speaking to a lawyer, appealing to the probate court for help, or deciding to move on.

Speak to a Lawyer About the Estate

Sometimes, you feel more than just upset about not being included in the will. You may have reason to believe that you were wrongly disinherited. In that case, you should speak to a lawyer about your concerns. The lawyer will talk to you about possible reasons for overturning a will or changing the inheritances. These reasons could include:

  • The deceased person did not have legal capacity to make a will
  • Someone unduly influenced the deceased person as to the contents of the will
  • There is a newer will with different terms
  • The will was not witnessed or signed properly
  • A spouse or child is not included in the will, but the will was written before the marriage or birth

Whether you have a case for disputing the will depends on the specific circumstances at hand, so you should speak to a lawyer before taking the next step – going to court.

Appealing to the Probate Court

You can bring genuine legal disputes about wills to the local probate court. The judge will consider evidence and decide a dispute revolving around a will or a deceased person’s wishes. However, keep in mind that you must have a legal reason for disputing the will, not just dissatisfaction about who inherits what. Talk to your lawyer to learn more about the probate court process.

Moving on from an Inheritance Dispute

Often, it is better to move on from an inheritance dispute if you do not have a legal basis to dispute the will. You might have considered talking to the executor or the heirs, but they do not have the power to change the will. The executor is bound by the law to distribute the estate according to the will. So in the end, you may have to accept the will’s terms, no matter how little you like them. Consider doing some estate planning of your own instead of worrying about the will.

Need help with an estate or will issue? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

What to Do If You Want to Disinherit Someone from Your Estate

Posted May 20, 2022 by Law Office of Andrew Szocka

If you have chosen to disinherit someone from your estate, you need to take a few steps to ensure that your wishes are carried out. First, your estate planning documents must clearly explain the disinheritance. Second, you should be prepared for conflict if others learn of your choice. Third, it is a very good idea to speak to an estate planning lawyer and have him or her prepare the necessary documents.

  1. How to Disinherit Someone from Your Estate

Deciding not to give someone close to you any money or property upon your death is a very common choice. That person may not be in your life anymore, you may have had a serious disagreement, or you may think that he or she does not need the money. It is perfectly fine to disinherit someone if you would like, but the key is to do it effectively.

To disinherit someone from your estate in the most effective way, you need to explicitly exclude that person from your will. In other words, your will needs to state in plain terms that you do not want the person to inherit anything. Alternatively, it could state that the person should inherit only a small sum or a particular item of personal property and nothing more.

In some cases, the law does not really allow you to disinherit someone unless your will says so. For example, there are laws that protect spouses from being disinherited. Some courts will enforce these laws even if it appears that a deceased person wanted to disinherit his or her spouse.

  1. Get a Lawyer

To avoid a situation where your wishes for disinheriting someone are not carried out, get a lawyer. A good estate planning lawyer can prepare your will to your specifications. The will often should include a specific statement that you are disinheriting a person, especially if it is a close relative. Also, he or she can discuss the legal implications of disinheriting someone with you. If you need other estate planning documents to distribute your estate to your chosen heirs, your lawyer can assist with those too.

  1. Be Prepared for the Consequences

Unfortunately, your family members may be very unhappy if they learn that you plan to disinherit someone. This is especially true if the person is a close relative. Be prepared to either keep your decision a secret or explain yourself to your family. If you do keep the decision a secret, be aware that your estate could face a will dispute in probate court after your death.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

What to Do If You Inherit Money from an Estate

Posted May 20, 2022 by Law Office of Andrew Szocka

If you inherit money from an estate, you may have questions about handling the inheritance. For example, you might want to know how you will receive the money, how much money it will be, and what to do with the money.

How Will You Receive an Inheritance?

Usually, people pass on inheritances through their wills. A will explains how to distribute someone’s estate after he or she dies. Each person who receives money or property from the estate is called an heir. In the will, the deceased person names an executor to handle his or her affairs, including contacting heirs to notify them of inheritances.

When you learn from an executor that you will receive an inheritance, you may not get the money or property right away. Estates sometimes have to pass through probate court before they can be distributed. Also, sometimes it takes a long time to wrap up the deceased person’s affairs. But once the time is right, the executor will either transfer the property to you or write you a check in the amount of the inheritance.

How Much Money or Property Will You Inherit?

The amount of money or property that you inherit depends on what the will says, how much the estate is worth, and what other heirs inherit. For example, when a deceased person dies with a lot of debt, the estate must pay the creditors before it can pay the heirs. The estate will decrease in value, meaning some heirs may inherit much less than anticipated.

Further, the amounts of some inheritances depend on what other heirs receive. The will could say that one person receives $10,000, with the rest of the estate going to you. But if the estate is only worth $12,000, your gift might not be as much as you thought.

What Should You Do With the Inheritance?

Once the executor transfers the inheritance to you, most of the time you are free to do what you like with it. (Rarely, the deceased person writes conditions into the will, such as restricting you from selling real estate for a certain amount of time.) You might consider making your own estate plan so that the inheritance money or property could go to the person of your choice. Or you could use the inheritance to achieve a financial goal, such as paying off loans or putting a down payment on a house.

Have questions about an inheritance? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.