Cambridge, IL asked in Estate Planning for Illinois

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

Related Topics:
1 Lawyer Answer
Andrew John Hawes
Andrew John Hawes
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.