Cambridge, IL asked in Estate Planning for Illinois

Q: Is asking for a formal proof of a will the same as suing someone?

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1 Lawyer Answer
Andrew John Hawes
Andrew John Hawes
Answered
  • Estate Planning Lawyer
  • Niles, IL
  • Licensed in Illinois

A: No-because you are not really "suing" any one individual. You are simply requesting that the estate attorney prove that all of the formalities of the will were followed. Typically, if the will was done by an attorney, the formalities are followed. You are getting involved with the estate administration, and if the will does not comply with the requisite formalities, the court will not follow the will. If this is the case, you may have people feeling as-if you "sued" them if they get less under intestacy than they would have under the will.

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